Sanjay Kumar Jha And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1834 of 2017 In Civil Writ Jurisdiction Case No.7977 of 2010 ======================================================
1. Sanjay Kumar Jha, son of Late Damodar Jha, resident of Mohalla- Punaichak, P.S.-Shastrinagar, District- Patna.
2. Asim Kumar Sinha, son of Sri Ramanand Prasad Sinha, resident of Mohalla- Williams Town, Near Munna Chowk, Police Station B Deoghar, District- B Deoghar, Jharkhand.
... ... Appellant/s
Versus
1. The State of Bihar, the Secretary, Department of Rural, Govt. of Bihar, Patna.
2. The Chairman Institute of Enterpreneurship Development, Bihar-cumIndustrial Development Commissioner, Industries Department, Govt. of Bihar, New Secretariat, Patna.
3. The Executive Director, Institute of Enterpreneurship Development, Bihar State Financial Corporation, 5th Floor, Frazer Road, Patna.
4. The State of Jharkhand through Secretary, Department of Rural Development, F.F. Building, Dhurwa, Ranchi.
5. The Special Department of Rural Development F.F. Building, Dhurwa, Ranchi.
6. The D.C./D.D.C., D.R.D.A. Dhanbad.
7. The D.C./D.D.C., D.R.D.A. West Shinghbhum, Chaibasa.
8. The D.C./D.D.C., D.R.D.A. Deoghar.
9. Kishore Tilak, son of Narayanji Tilak, resident of Village- Chakradharpur, Police Station- Chakradharpur, W. Singhbhum, Jharkhand. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Jitendra Kumar Roy, Advocate For the Respondent/s :
Mr. Anjani Kumar - AAG-4 ======================================================
Patna High Court LPA No.1834 of 2017 dt.05-04-2018 2/3 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-04-2018 Delay of 226 days in filing of this appeal is condoned. I.A. No. 9413 of 2017 stands allowed and disposed of.
In pursuance to an order passed by the State of Bihar making certain recommendations and proposing adverse action when the absorption and appointment of the writ petitioner in the State of Jharkhand was not interfered with by the learned Writ Court on the ground that until and unless the State of Jharkhand takes consequential action and passes an order on the recommendations made by the State of Bihar, no cause accrues to the petitioner, the petition is premature and granting liberty to the petitioner to challenge the subsequent action if taken by the State of Jharkhand, the writ petition was disposed of. Now, we are informed that the State of Jharkhand has also passed a consequential order which is adverse to the interest of the petitioner.
If that be so, it is a fresh cause which has accrued to the petitioner and now the petitioner is required to challenge
Patna High Court LPA No.1834 of 2017 dt.05-04-2018 3/3 the subsequent action of the State of Jharkhand and while doing so, he will have liberty to challenge the recommendation and the observations made by the State of Bihar in the matter adverse to the petitioner.
Granting liberty to the petitioner to challenge the subsequent action, as has been detailed hereinabove, we dispose of the appeal.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 10.04.2018 Transmission Date