Patna High CourtCWJC/17439/2013dismissed

Nand Kishore Yadav v. The State Of Bihar And ORS

2016-09-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17439 of 2013 ======================================================

1. Nand Kishore Yadav Son Of Bhuneshwar Yadav Resident Of Village - Jamuyawa, Post Sohaipur, P.S. Muffasil Gaya, District - Gaya, Bihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Chief Secretary, Government of Bihar, Patna

3. The Deputy Chief Secretary, Government of Bihar, Patna

4. The Secretary, Appointment Department, Government of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.N. Yadav, Mr. Upendra Kumar, For the State : Mr. Md. N. Hoda Khan, SC I, Ms. Babita Kumari, AC to SC 1.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, petitioner is seeking relief for appointment on the basis of recommendation of the then Chief Minister in the year 1994.

On the basis of the aforesaid recommendation petitioner has approached the authority concerned but his appointment was not made. Claim has been made that the then Chief Minister is his authority recommended for his appointment did not receive proper weight for his appointment and the authority wrongly deprived the petitioner.

Ex-Chief Minister did not have jurisdiction to pass such

Patna High Court CWJC No.17439 of 2013 (2) dt.14-09-2016 order for appointment when process, rules and norms has bene fixed for appointment. A person can be appointed through proper channel after following the due process of law. This Court feels, rightly the authority concerned has refused to entertain the recommendation of the then Chief Minister and so much so recommendation is of 1994, after 20 years that recommendation does not carry weight. In such view of the matter, there is no merit in this writ petition. It is accordingly dismissed.

(Shivaji Pandey, J) Vinay/- U