Disposed

Anup Kumar Ram v. the State of Bihar and Ors.

Patna HC17 Jul 2013CWJC/10158/2010

Case brief

AI extract

What is this about?

The High Court of Patna observed that while the petitioner's claim regarding payment was settled, departmental proceedings against officials must continue. Directions were issued to the District Magistrate and Principal Secretary, Panchayati Raj to ensure accountability and proper record maintenance.

What did the court decide?

The writ application was disposed off with directions to the District Magistrate not to let departmental proceedings die and to the Principal Secretary to supervise record maintenance.

Anup Kumar Ram Vs the State of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10158 of 2010

¶2

====================================================== Anup Kumar Ram S/O Hardeo Ram R/O Vill.- Ismail Chak, P.O.- Gobind Chak, P.S.- Sonepur, Distt.- Saran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Superintendent Of Education, Saran, Chapra 3. Block Education Extension Officer Sonepur, Distt.- Saran 4. Mukhiya, Gram Panchayt Raj, Gobind Chak P.O.- Gobind Chak, P.S. Sonepur, Distt.- Saran 5. Panchayat Sachiv, Gram Panchayat Raj Gobind Chak, P.O. Gobindchak, P.S. Sonepur, Distt.- Saran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwanath Singh, Sr. Advocate For the Respondent/s : Mr. Dhananjay Mishra, Advocate For the State: : Mr. Rajiv Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

¶3

*************** 12. 17.07.2013 Two counter affidavits, one on behalf of Principal Secretary, Panchayati Raj, Government of Bihar, Patna and one by District Magistrate, Saran have been filed today. In the affidavit, which has been filed by the Principal Secretary, Panchayati Raj, they have annexed the rule relating to the appointment, power and responsibility of Panchayat Secretaries, including further direction which has been issued at his level on 12.07.2013. Now that strict straight jacket directions have been issued with regard to the maintainability of records and responsibility of the Panchayat Secretary to make it available as and when required by any authority with responsibility of supervision fixed upon the Block

¶4

Patna High Court CWJC No.10158 of 2010 (12) dt.17-07-2013 2/3

¶5

Development Officer. It is hoped now to a substantial extent that plea which used to be taken on behalf of incoming Panchayat Secretary of non-availability of record and tendency of outgoing Panchayat Secretary to walk away with the records can be curtailed. However, the efficacy of the mechanism will be tested henceforth.

¶6

In the counter affidavit filed on behalf of District Magistrate, the steps taken by him in furtherance to the direction of the Court has been enumerated. First information has also been lodged against the Headmaster of the Middle School of Govindchak, besides, he has been proceeded departmentally. In addition to that three of the Panchayat Secretaries. who had a role to play during that period of time, have also been proceeded departmentally. Charge-sheet has already been issued upon them. Copies of which have been annexed with the counter affidavit.

¶7

The position with regard to payment to the petitioner has been certified by learned senior counsel representing the petitioner, therefore, the matter is allowed to rest now. However, the direction is issued upon the District Magistrate, Saran at Chapra that the disposal of the case does not mean slackness in taking departmental proceedings initiated against the

¶8

Patna High Court CWJC No.10158 of 2010 (12) dt.17-07-2013 3/3

¶9

concerned persons to its logical end. He has an obligation to keep track and to ensure that the departmental proceeding is not allowed to die a natural death or derailed by vested interest.

¶10

There is obligation upon the Principal Secretary, Panchayati Raj to carry out some kind of a supervision as well as obtain reports from the field whether the new directives of his with regard to the maintenance of records and ready availability has actually converted into a functional kind of arrangement or whether his directions and notifications have only remained on paper because in future if such kind of plea of non-availability of record is taken, some kind of responsibility would also be thrust upon the Principal Secretary, being the nodal officer over all of the Panchayati Raj Governance in the State of Bihar.

¶11

Writ application stands disposed off with the observations as above.

¶12

Copies of the Order would be communicated to the Principal Secretary, Panchayati Raj, Government of Bihar, as well as the District Magistrate, Saran at Chapra.

¶13

(Ajay Kumar Tripathi, J.)

¶14

SKM/-

Anup Kumar Ram v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Anup Kumar Ram v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chairman,L.I.C.of India and Anr. Vs the Union of India and Ors.

Ramdeo Bhagat and Anr. Vs the State of Bihar and Ors.

Man.Comm.of Madrasa Quasimul O Vs the State of Bihar and Ors.

Ajay Kumar Choudhary Vs the State of Bihar and Ors.

Anil Kumar and Ors. Vs the State of Bihar and Ors.

Pankaj Kumar Vs the State of Bihar and Anr.