Sushila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.78 of 2019 ====================================================== Sushila Kumari W/o Sri Triloki Ram Resident of Village-Harpur, P.O.- Sahadarpur, Panchayat Raj-Kataiya, P.S.-Lauriya, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, West Champaran, Bettiah.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Sub-Divisional Officer, Narkatiyaganj, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Shri Prakash Srivastava For the Respondent/s :

Smt. Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Short point raised by counsel for the petitioner is that issue regarding validity of testimonial submitted by the petitioner during the process of selection has already been ascertained by Sub-Divisional Officer, Narkatiyaganj which is evident from proceeding Annexure 1 dated 11.07.2015. He points out that letter dated 22.11.2018 issued by the same SubDivisional Officer reopening the same issue is causing harassment to the petitioner, who is working as a Vikash Mitra. Counsel for the State, however, states that it is open to the authorities to verify the testimonials submitted by the candidates forming basis of the selection.

Patna High Court CWJC No.78 of 2019(4) dt.11-07-2019 2/2 Submission of the State cannot be rejected. Nonetheless, this court would observe that such repeated enquiry into the same testimonial after conclusive finding of the same authority should be avoided as far as possible. Copy of the certificate which is being sought for by the Sub-Divisional Officer, Narkatiyaganj under its communication dated 22.11.2018 is placed on record in the instant proceeding. Photocopy of the same forms part of Annexure 4 series at page 36 of the brief.

Since all details are available in the said copy placed on record, the Sub-Divisional Officer, Narkatiyaganj should take final decision after communication with the authorities of Bihar Sanskrit Sikcha Board expeditiously, without any undue delay and preferably, within eight weeks from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U