Petitioner directed respondents to impose departmental/criminal action against Panchayat Teachers selecting committee members. Court permitted approaching District Magistrate for implementing Tribunal order.
Permitted petitioner to approach District Magistrate for implementation of Tribunal order.
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.13588 of 2012
=========================================================== Amardeo Yadav S/O Krishna Mohan Yadav Resident Of Village - Parbatta, P.S. - Kursa Kanta, District - Araria .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary, Department Of Human Resources, Government of Bihar, Patna
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. KRISHNA CHANDRA JHA For the Respondent/s : Mr. MD. N. HODA KHAN SC18 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 01-12-2015
Heard Mr. Jha for the petitioner and the counsel for the State.
Two supplementary affidavits have been filed by the petitioner. The
State-respondent has filed a counter affidavit.
The writ application has been filed for a direction upon the respondents to initiate a departmental/criminal proceeding against the entire appointing unit who carried out the appointment on the post of Panchayat Teachers (PTs)
The petitioner was an applicant along with others in the selection process undertaken by the Rahatmina Gram Panchayat within Kursa Kanta Block in the district of Araria for which an advertisement was taken out in the year
Patna High Court CWJC No.13588 of 2012 dt.01-12-2015
2/3
Mr. Jha states that having completed the process as directed by the Tribunal the appointment has been made of those who were found entitled to. A grievance has, however, been raised that the Tribunal had also directed for taking departmental as well as judicial proceeding against the erring/errant member(s) of the Selection Committee of the Gram Panchayat. The respondents have not taken any such steps in the light of the order passed by the Tribunal.
In the counter affidavit filed on behalf of the respondents, it has been submitted that the members of the Selection Committee are administratively amenable to the Block Development Officer or the District Panchayati Raj
Patna High Court CWJC No.13588 of 2012 dt.01-12-2015
3/3
Officer.
Along with another supplementary affidavit the petitioner has enclosed a copy of the order dated 3rd January, 2009, passed by the District Magistrate, Araria directing the Block Development Officer/District Education Officer/District Superintendent of Education to take needful steps including taking departmental/judicial action against the erring/errant officer(s) or the member(s) constituting the Selection Committee in the light of the order passed by the Tribunal. In substance, the grievance is that the respondents have not till date taken any steps in the light of the order of the Tribunal as also the order dated 3rd January, 2009, passed by the District Magistrate, Araria.
Issue raised herein is the execution of the order of the Tribunal. This Court would be inhibited in taking the role of the executing agency of the order passed by the Tribunal. However, it appears from the materials on record that the matter has been taken up by the District Magistrate and some direction is also issued. In that factual background, this Court would permit the petitioner to approach the respondent-District Magistrate for taking necessary steps towards implementation of the order passed by the Tribunal in its letter and spirit.
The writ petition stands disposed of with the aforesaid observation/liberty.
(Kishore Kumar Mandal, J)
HR/-
U
1 issue framed by the court
Whether the High Court can direct the executing of the order passed by the Tribunal regarding initiation of proceedings against errant members of the Gram Panchayat Selection Committee.
Amardeo Yadav
The State Of Bihar
The Principal Secretary, Department Of Human Resources
The Collector, District - Araria
The District Education Officer (Establishment)
The Block Development Officer, Kursa Kanta Block
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
