Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.913 of 2019 In Civil Writ Jurisdiction Case No.11327 of 2014 ====================================================== Santosh Kumar Das S/o Nand Kishore Ravidas Resident of Village Pardomania Mal Milky, PO Pachrukhi, Block Sahkund,Dist.Bagalpur ... ... Appellant/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar,Pathna 2.

The Secretary, Bihar Panchayati Raj Department, Govt. of Bihar,Patna 3.

The Commissioner,Bhagalpur Division Bhagalpur 4.

The District Magistrate, Bhagalpur 5.

Sub-Divsional Officer, Bhagalpur 6.

The Block Development Officer, Shahkund,Bhagalpur 7.

The District Panchayati Raj Officer, Bhagalpur 8.

The Sarpanch,Gram Kachari, Pardominia Mal, Block Shahkund,Dist.Bhagalpur 9.

Pankaj Kumar S/o Late Kamala Mandal, Resident of Village Pardorminia Mal, PO Panchrukhi, Block and P.S. Shahkund,Dist.Bagalpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manoj Kumar Jha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 23-08-2022 Heard learned counsel for the respective parties. The appellant has assailed the order of the learned Single Judge dated 18.01.2018 passed in CWJC No. 11327 of 2014.

The matter is relating to appointment to the post of Secretary, Gram Kutchery, Pardominia Mal. The post of Secretary

Patna High Court L.P.A No.913 of 2019 dt.23-08-2022 2/2 is governed by Bihar Gram Kutchery Sachiv (Employment, Service Conditions and Duties) Rules, 2007 (for short the "Rules 2007"). Perusal of the order of learned Single Judge it is crystal clear that appellant's appointment was not in accordance with aforesaid Rule, 2007 which have been dealt with by learned Single in paragraph 3 and 4.

In the light of the fact that appellant's appointment to the post of Secretary was not in accordance with the Rules, 2007 as such there is no infirmity in the order of the learned Single Judge dated 18.01.2018 passed in CWJC No. 11327 of 2014. Accordingly, the appellant has not made out case. Hence, the present LPA stands dismissed.

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