In this writ petition, the Patna High Court dismissed the application challenging the engagement of non-government servants under Annexure-2. The Court declined to entertain the writ as there was no clear indication of superior approval. It directed the District Magistrate to investigate the engagement process to prevent future litigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11546 of 2013
====================================================== Vinod Kumar, son of late Uma Shankar Prasad Sinha, resident of village and P.O Chochahi, District – Muzaffarpur. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Principal Secretary, Planning and Development Department, Government of Bihar, Patna. 3. The Senior Joint Director-cum-Head of the Office, Planning and Development Department (Economic and Statistics Directorate), Bihar, Patna. 4. The District Magistrate, Muzaffarpur, District – Muzaffarpur. 5. The District Statistics Officer, Muzaffarpur. 6. The Block Development Officer, Paroo, District – Muzaffarpur. 7. The Circle Officer, Paroo, District – Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Singh Mr. Pankaj Kumar Singh For the Respondent/s : Mr. Anjani Kumar Sharan, SC -9 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 2 23-01-2014 In absence of any clear indication that Annexure-2 has due approval of any superior authority or was done at the behest of the authorized person of the hierarchy, the Court is not willing to entertain this writ application. The Court directs the District Magistrate, Muzaffarpur to look into the matter in the fashion and the manner in which BDO, Paroo has engaged persons who were not Government servants by virtue of Anneuxre-2 dated 15.9.2011 because, obviously it is an effort being made to create some kind of ground for future litigation for engagement of such persons under the State.
Patna High Court CWJC No.11546 of 2013 (2) dt.23-01-2014
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Writ application is dismissed.
Let the petitioner do what is required to be done for his
claim.
A copy of the order will be communicated to the District Magistrate, Muzaffarpur by the office forthwith.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
3 issues framed by the court
Whether a writ application challenging the engagement of non-government servants under Annexure-2 should be entertained in the absence of clear indication of superior approval.
Whether the District Magistrate is directed to investigate the manner in which persons were engaged without being government servants under Annexure-2 dated 15.9.2011.
Whether the writ application challenging the engagement of non-government servants should be allowed or dismissed.
Vinod Kumar
The State of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
