Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.785 of 2023 ====================================================== Saurabh Kumar S/o Sunil Kumar, Resident of Village and P.O. - Nima Jamuk, P.S. - Jehanabad, District - Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Water Resources Department, Govt. of Bihar.

2.

The Principal Secretary, Minor Water Resources Department, Govt. of Bihar. 3.

The Under Secretary, Minor Water Resources Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Minor Water Resources Department, Govt. of Bihar, Patna.

5.

The Executive Engineer, Tubewell Division, Jehanabad, District - Jehanabad.

6.

The District Compassionate Selection Committee, Jehanabad through its Chairman, District Magistrate, Jehanabad.

7.

District Magistrate, Jehanabad, District - Jehanabad. 8.

Shivshankar Kumar, S/o Late Rambali Singh, Resident of Village - Nima, P.S. Jamuk, P.S. Jehanabad, District - Jehanabad. 9.

The Mukhiya, Gram Panchayat Raj, Jamuk, Prakhand Jehanabad, District - Jehanabad.

10.

The Sarpanch, Gram Panchayat Raj, Jamuk Prakhand Jehanabad, District - Jehanabad.

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

For the Petitioner/s :

Mr. Siya Ram Sahi, Advocate For the Respondent/s :

Mr.Santosh Chandra Bhaskar AC to GP 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has put to question appointment of respondent no. 8, on compassionate ground by alleging that the same has been obtained by resorting to misrepresentation and

Patna High Court CWJC No.785 of 2023(2) dt.20-06-2023 2/3 falsehood. The respondent no. 8 has yet not been noticed in the instant proceedings, but counter affidavit has been filed on the behalf of the State respondent Nos. 1 to 5.

3. It appears that the State has taken up the issue, which is evident from a communication dated 08.04.2022 (Annexure -A to the counter affidavit) issued by the Department to the Executive Engineer, Minor Irrigation Division, Jehanabad, whereby the personal file, service book etc., of the Respondent No.8 has been requisitioned for taking action on a complaint which also was filed by the instant petitioner.

4. Mr. Siya Ram Sahi, learned counsel for the petitioner, submits that since the counter affidavit discloses some action having been initiated by the authorities, the issue that only remains now is conclusion of the proceedings expeditiously.

5. The Court, having gone through the communication dated 08-04-2022, finds that the Authorities have already taken steps in the matter. Since the respondent no. 8 is not before the Court, this Court would only express that it is expected that the Authorities will proceed in accordance with law after due notice to the respondent no. 8 so as to take a final decision in the matter, in accordance with law, expeditiously and without any

Patna High Court CWJC No.785 of 2023(2) dt.20-06-2023 3/3 undue delay.

6. The writ application is disposed of.

(Madhuresh Prasad, J) shyambihari/- U