Jai Prakash Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2256 of 2014 ======================================================

1. Jai Prakash Ray S/O Sri Ram Ayodhya Rai Resident Of Village Rampur Pandey Tola, P.O And P.S- Bhagwanpur Hat, District- Siwan. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Siwan.

3. The District Education Officer, Siwan.

4. The District Programme Officer ( Establishment), Education Department, Siwan.

5. The Block Education Officer, Bhagwanpur Hat, P.O And P.S Bhagwanpur Hat, District- Siwan.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-08-2016 Heard the Counsel for the petitioner and the State. The present writ application is filed by the petitioner for a direction upon the respondents to take step on the order dated 8.8.2013 passed by the District Magistrate, Siwan on his complaint. The complaint of the petitioner pertained to illegal appointments made by the Employment Committee of Gram Panchayat Raj Mohammadpur. From Annexure-3, it appears the District Magistrate after hearing both sides found substance in the complaint of the petitioner and directed to take punitive action against the erring persons.

In the counter affidavit of respondent no. 4, the respondent has stated that in the light of the order of the District

Patna High Court CWJC No.2256 of 2014 (2) dt.01-08-2016 2/2 Magistrate, Bhagwanpur Hat P.S. Case No. 125 of 2013 has been registered against Vikrama Pandit for his act of forgery to secure appointment as Panchayat Teacher. Another F.I.R. being Bhagwanpur Hat P.S. Case No. 151 of 2013 was also registered against the then Mukhiya Smt. Prabhawati Devi, the then Panchayat Secretary Sri Ram Bachan Singh and the beneficiary of the illegal appointment namely Sri Bhuwaneshwar Rai. From diverse statements made in the counter affidavit, it is evident that the respondents have taken action against the persons who were involved in making illegal appointments on the basis of forged documents/records.

In that view of the matter, the writ application appears to have become infructuous. However, while disposing of the application as having become infructuous, this Court grants the petitioner liberty to approach the concerned authority for further action, if any, to be taken by the State respondents in the light of the order of the District Magistrate, Siwan.

(Kishore Kumar Mandal, J) Pankaj/- U