Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14240 of 2006 ====================================================== 1. Arun Kumar son of Sri Ganesh Prasad, Ward Commissioner, Ward no.5, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 2. Rajesh Prasad son of Sri Kashi Nath Prasad, Ward Commissioner, Ward no.10, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 3. Smt. Ramawati Manjhi, wife of Sri DharmNath Manjhi, Ward Commissioner, Ward no.12, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 4. Smt. Gyanti Devi wife of Sri Prem Prakash Singh, Ward Commissioner, Ward no.11, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 5. Smt.Punam Devi wife of Sri Tara Chand Prasad Gupta, Ward Commissioner, Ward no.8, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. .... .... Petitioner/s Versus 1. The State Of Bihar through the Secretary, Urban Development Department, New Secretariat, Patna. 2. The Commissioner, Saran Division, Chapra. 3. The District Magistrate, Gopalganj. 4. Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj through its Executive Officer. 5. The Chairman, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 6. The S.D.O.-cum-Executive Officer, Nagar Panchayat, Mirganj, at & P.O. & P.S. Mirganj, District- Gopalganj. 7. Sadhu Saran Prasad son of Bhukhal Prasad, resident of Village & P.O. & P.S. Phulwari, district Gopalganj, at present posted as Junior Engineer, Nagar Panchayat, Mirganj, At & P.O. & P.S. Mirganj, District Gopalganj.
Legal Reasoning
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahesh Narayan Parbat, Adv. For the Respondent no.1 to 3 : Dr. Anil Kumar Upadhyay, SC 20 Mr. Naresh Prasad, Adv. For the Respondent no. 4 to 6 : None. For the respondent No.7 : Mr. Gajendra Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 4 22-03-2013 Heard learned counsel for the petitioners and Dr. Anil Kumar Upadhyay, learned Standing Counsel no.20 appearing on behalf of the respondent no.1 to 3 as also Mr. Gajendra Kr. Singh, Patna High Court CWJC No.14240 of 2006 (4) dt.22-03-2013 2/4 learned counsel appearing on behalf of the respondent no.7. However, despite issuance of notice, respondent no. 4 to 6 have chosen not to appear and contest this matter. The petitioners have filed the present writ petition under Article 226 of the Constitution of India for the reliefs enumerated
Decision
in paragraph-1 of the writ petition, which reads as follows: “(1) That the petitioners seek the following reliefs through the present writ application:- (a) (b) (c) (d) issue To issue a writ of mandamus, commanding the respondents to discharge their legal obligation to fill up the post of Junior Engineer, Nagar Panchayat, Mirganj, At & P.O. & P.S. Mirganj, District- Gopalganj on permanent basis, in accordance with law, from amongst the eligible candidates after advertising the post. To further writ of mandamus, commanding the respondents to initiate and complete the enquiry against the respondent no.7, as directed by the higher regarding allegations of authorities, misappropriation of fund pending against him and about his illegal appointment on the post of Junior Engineer, Nagar Panchayat, Mirganj and to take suitable action against him in accordance with law. To further writ of mandamus, commanding the respondents to discharge their legal obligation to post permanent Executive Officer at Nagar Panchayat, Mirganj. To any other relief or reliefs for which the petitioner may be found entitled to.” issue After having heard learned counsel for the petitioners, learned Standing Counsel appearing on behalf of the State and its functionaries as also learned counsel appearing on behalf of the Patna High Court CWJC No.14240 of 2006 (4) dt.22-03-2013 3/4 respondent no.7, this Court finds that for redressal of their grievance raised in the present proceeding, representations have been filed by the petitioners before the respondent District Magistrate and other concerned authorities, but till date the matter has not been conclusively decided in either way. After having heard the parties and in the given facts of the case as also in view of nature of claims raised in the present proceeding, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, the interest of justice would be sub- served if the petitioners are granted liberty to file their detailed representations with all supporting documents before the respondent District Magistrate, Gopalganj (respondent no.3) raising all issues, which have been raised in the present proceeding. It is ordered accordingly. If such representations are filed on behalf of the petitioners within a period of one month from today with all supporting and material documents, then the respondent District Magistrate, Gopalganj either himself, and/or if he considers that the matter is required to be decided by any other competent authority or functionary of the State, then on reference to such authority or functionary of the State, shall be obliged to consider and decide the claims of the petitioners strictly in accordance with law by a reasoned and speaking order. If on consideration of materials, and, if need be, after giving an opportunity of hearing to the petitioners as also respondent no.7, the respondent District Magistrate, Gopalganj and/or any other competent authority come to a conclusion that the claims raised on behalf of the petitioners are admissible to them, then they shall be obliged to issue Patna High Court CWJC No.14240 of 2006 (4) dt.22-03-2013 4/4 consequential order or take appropriate steps for redressal of their valid grievances without any unnecessary delay. This is made clear that this Court has not gone into the merits of the claims raised on behalf of the petitioners in the present proceeding and this is left to be decided exclusively by the respondent District Magistrate, Gopalganj and/or any other competent authority, if the matter is transferred to such authority by the District Magistrate for such decision. Entire exercise must be completed by the authorities concerned, indicated above, within a maximum period of six months from the date of filing of the representations by the petitioners. The present application stands finally disposed of with the observations and directions made above. BTiwary/- (Birendra Prasad Verma, J)