Ajay Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1159 of 2017 ====================================================== Ajay Kumar Das, Son of Ram Kishun Das, Resident of VillageMakhdumpur, Dumra, P.O.- Barka Dumra, P.S.- Ara Muffassil, Blck- Ara Main (Sadar), District- Bhojpur at Ara (Bihar). ... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Bhojpur at Ara.

2. The Deputy Development Commissioner, Bhojpur at Ara.

3. The District Welfare Officer, Bhojpur at Ara.

4. The Sub-Divisional Officer, Ara Main (Sadar), Bhojpur at Ara.

5. The Block Development Officer, Ara Main (Sadar), Bhojpur at Ara.

6. Sarda Devi, Wife of Vijay Kant Kashyap @ Vijay Kumar Ram, Resident of Village- Makhdumpur Dumra, P.O.- Barka Dumra, P.S.- Ara Muffassil, Block- Ara Main (Sadar), District- Bhojpur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. Md Rashul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-09-2018 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Md. Ubadullah, learned AC to SC 10 for the respondent-State.

The present writ application has been filed for cancelling the selection of Respondent No.6, Sarda Devi and for her removal from the post of Vikash Mitra, Makhdumpur Panchayat, as she was appointed on the basis of forged matriculation certificate.

The contention of this Court has been drawn to the counter affidavit filed on behalf of Respondent No.5, the Block Development Officer, Ara Sadar to the effect that Respondent

Patna High Court CWJC No.1159 of 2017(2) dt.11-09-2018 2/2 No.6, Sharda Devi, has been removed from post of Vikash Mitra. Specific statement to that effect has been made in paragraph no.8 of the counter affidavit, which reads as follows:- "8. That it is stated and submitted that after the aforesaid verification report of the B.S.E.B. was received, a show cause notice was issued to respondent No.6 Sharda Devi vide memo No.7 dated 21.08.2017 on which she submitted her reply which was not found satisfactory as a result thereof the D.W.O. vide his memo No.XIII-01-2110 dated 11.09.2017 terminated the services of respondent No.6 and removed her from the post of Vikas Mitra."

In view of the above stand of Respondent No.5, the Block Development Officer, Ara Sadar, the present writ application has become infructuous.

Accordingly, the present writ application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/Deepak/- U