Dismissed

Rajeev Ranjan and Ors. v. The State Of Bihar and Ors.

Patna HC18 Mar 2015CWJC/1713/2014

Case brief

AI extract

What is this about?

Petitioner Programme Officers challenged two government letters alleging subordination to Block Development Officers. The Court found no violation of the MGNREG Act, viewing the changes as prudent administrative measures to prevent fund leakages and ensure direct payments.

What did the court decide?

Writ application seeking quashing of the two government letters was dismissed.

Rajeev Ranjan and Ors. Vs The State Of Bihar… — Public Procurement and Tenders | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1713 of 2014

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=========================================================== 1. Rajeev Ranjan S/O Brij Nandan Prasad Resident Of Mohalla Kadamkuan, P.S. Kadamkuan, District Patna, At Present Posted As Programme Officer Block Giriyak, P.S. Giriyak, District Nalanda. 2. Naresh Kumar Srivastava S/O S.N. Srivastava R/O Mohalla Ashok Nagar, P.S. Kankarbagh, Distt. Patna, At Present Posted As Programme Officer Block Karai Parsurai, P.S. Karai Parsurai, Distt. Nalanda. 3. Anil Kumar S/O Bhagwat Prasad Singh R/O Mohalla Sardar Patel Colony, P.S. Agamkuan, District Patna, At Present Posted As Programme Officer Block Bind, P.S. Bind, District Nalanda. 4. Dharmendra Kumar @ D. Kumar S/O Ram Pratap Chaudhary R/O Mohalla Laji Tola, P.S. Gandhi Maidan, District Patna, At Present Posted As Programme Officer, Block Tharthari, P.S. Tharthari, District Nalanda. 5. Shashi Kant Srivastava S/O Shree Kant Srivastava R/O Mohalla Chitragupta Nagar, P.S. Kadamkuan, District Patna. At Present Posted As Programme Officer Block Parwalpur, P.S. Parwalpur, District Nalanda. 6. Rajnish Sinha S/O Binay Kumar Sinha R/O Mohalla Mahatma Gandhi Nagar, P.S. Kankarbagh, District Patna, At Present Posted As Programme Officer Block Asthawan, P.S. Asthawan, District Nalanda. 7. Sudhanshu Shekhar Pandey S/O Nand Jee Pandey R/O Mohalla Ambika Vihar Colony, Ambedkar Path, P.S. Rupaspur, District Patna, At Present Posted As Programme Officer Block Noor Sarai, P.S. Noorsarai, District Nalanda. 8. Chandrashekhar Azad S/O R.L. Sharma R/O Mohalla Alka Colony Sandalpur Road Mahendru, P.S. Sultanganj, District Patna, At Present Posted As Programme Officer Block Rajgir, P.S. Rajgir, District Nalanda. 9. Ramanuj Kumar Singh S/O Harshit Narayan Singh R/O Mohalla Chitra Gupta Nagar, P.S. Kankarbag, District Patna, At Present Posted As Programme Officer Block Ben, P.S. Ben, District Nalanda. 10. Savita Kumari @ Savita D/O Jata Shankar Chaudhary R/O Mohalla A.G. Colony, Saguna More, P.S. Dnapur, District Patna, At Present Posted As Programme Officer Block Nagrnaus, P.S. Nagarnausa, District Nalanda. 11. Anuradha Kumari W/O Abhishek Anand R/O Mohalla Basawan Park, S.K. Puri, P.S. S.K. Puri, District Patna, At Present Posted As Programme Officer Blockkatari Sarai, P.S. Katari Sarai, District Nalanda. 12. Mshashi Kumari D/O Rajendra Prasad R/O Village Mahewa, P.S. Makhdumpur, District Jehanabad, At Present Posted As Programme Officer Block Chandi, P.S. Chandi, District Nalanda. 13. Noorul Hoda S/O Shamshul Hoda R/O Mohalla Gulistan, P.S.Phulwarisarif, District Patna, At Present Posted As Programme Officer Block Harnaut, P.S. Harnaut, District Nalanda. 14. Sudeep S/O Bindeshwari Prasad R/O Mohalla Ashok Nagar, P.S. Kankarbagh, Distt. Patna, At Present Posted As Programme Officer Block Biharsharif, P.S. Biharsharif, Distt. Nalanda. 15. Deokant Kumar S/O Kamlesh Sharma R/O Village Kotauli, P.S. Jehanabad, District Jehanabad, At Present Posted As Programme Officer Block Silao, P.S. Silao, District Nalanda. 16. Kaushlendra Kumar S/O Ramanand Singh R/O Village Pali, P.S. Bihar Sharif, District Nalanda, At Present Posted As Programme Officer Blocksarmera, P.S. Sarmera, District Nalanda. 17. Rekha Kumari D/O Jagdish Das R/O Mohalla New Vigrahpur, P.S. Jakkanpur, District Patna, At Present Posted As Programme Officer Block Rahui, P.S. Rahui, District Nalanda. 18. Sharwan Kumar Singh S/O Late Yogesh Narayan Singh Resident Of Mohalla Katghar, P.O. + P.S. Aliganj, District Bhagalpur, At Present Posted As Programme

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Officer Block Katra, P.S. Katra, District Muzaffarpur.

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Rakesh Nandan Prasad Sinha S/O Shyam Nandan Prasad Sinha R/O Mohalla Ramdhanpur, P.S. Kotwali Gaya, District Gaya, At Present Posted As Programme Officer Block Motipur, P.S. Motipur, District Muzaffarpur.

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Rajesh Kumar S/O Dasrath Paswan (Dasrath Paswan) Resident Of Mohalla Budha Colony, P.S. Hajipur, District Vaishali, At Present Posted As Programme Officer Block Aurahi, P.S. Aurahi, District Muzaffarpur.

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Ranjeet Thakur S/O Nagendra Thakur Resident Of Village Aktiyarpur Patedna, P.S. Lalganj, District Vaishali, At Present Posted As Programme Officer Block Mushahri, District Muzaffarpur.

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Sanjay Kumar Nirala S/O Rameshwar Roy Resident Of Village Hariharpur Chowk, P.S. Hajipur Sadar, District Vaishali, At Present Posted As Programme Officer Block Gaighat, P.S. Gaighat, District Muzaffarpur.

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Sanjay Kumar Singh S/O Ramayan Singh Resident Of Mohalla Near Bajrang Cinema Halla, P.S. Sitamarhi Sadar, District Sitamarhi, At Present Posted As Programme Officer Block Bandra, P.S. Bandra, District Muzaffarpur.

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Sanjeev Kumar Chaudhary S/O Tej Narayan Chaudhary Resident Of Mohalla Gudri Road, Lakshmi School, P.S. Sitamarhi, District Sitamarhi, At Present Posted As Programme Officer Block Paru, P.S. Paru, District Muzaffarpur. 25. Shyam Kumar S/O Ram Sarikhan Thakur Resident Of Village Rampur, P.S. + P.O. Kalaunjar, District Darbhanga, At Present Posted As Programme Officer Block Murol, District Muzaffarpur.

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Rama Shankar Dubey S/O Bhola Nand Dubey Resident Of Mohalla A-54 Alkapuri, Gardanibag, P.S. Gadanibagh, District Patna, At Present Posted As Programme Officer Block Madwan, P.S. Muzaffarpur, District Muzaffarpur.

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Md. Asif Iqbal S/O Abdul Wahab Resident Of Village Birpur Singhar, P.S. Mahua, District Vaishali, At Present Posted As Programme Officer At D.R.D.A. Muzaffarpur, P.S. Muzaffarpur, District Muzaffarpur.

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Shiv Prakash S/O Brij Nandan Prasad Resident Of Village Harnaut, P.S. Harnaut, District Nalanda, At Present Posted As Programme Officer Bbochha, P.S. Bochha, District Muzaffarpur.

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Alendu Kumar S/O Birendra Narayan Singh Resident Of Village Gond Ram, P.S. Basnahi, District Saharsa, At Present Posted As Programme Officer Block Kadwa, P.S. Kadwa, District Katihar.

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Chandran Chaudhary S/O Late Vaidya Nath Chaudhary Resident Of Village Kothia Gandhi Chowk, P.S. Bangara, District Samastipur, At Present Posted As Programme Officer Block Barari, P.S. Barari, District Katihar.

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Indra Mohan Kumar S/O Kishore Kumar Gupta Resident Of Mohalla Niti Shanti Niwas, Mahendru, P.S. Sultanganj, District Patna, At Present Posted As Programme Officer Block Dhankhora, P.S. Dhankora, District Katihar.

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Jyoti Kumar Singh S/O Gautam Kumar Singh Resident Of Mohalla Ganesh Lal Road, Begampur, P.S. Chowk, District Patna, At Present Posted As Programme Officer Block Kohra, P.S. Kohra, District Katihar.

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Rakesh Kumar S/O Ram Chandra Prasad Resident Of Mohalla Chhoti Daulatpur, P.S. Jamalpur, District Munger, At Present Posted As Programme Officer Block Barsoi, P.S. Barsoi, District Katihr.

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Sanjeev Kumar Singh S/O Late Maheshwar Singh Jresident Of Village Panchrukhi, P.S. Dharhara, Distreict Munger, At Present Posted As Programme Officer Block Manihari, P.S. Manihari, District Katihar.

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Satish Kumar Singh S/O Suraj Dayal Singh Resident Of Mohalla Bibiganj, P.S. Danapur, District Patna. At Present Posted As Programme Officer Block Falka, P.S. Falka, District Katihr.

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Ratan Kumar S/O Ganga Prasad Resident Of Mohalla Bhatth Bazar, P.S. Purnea, District Purnea, At Present Posted As Programme Officer Block Balrampur, P.S. Balrampur, District Katihar.

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Sanjay Prakash Singh S/O Rama Shankar Singh Resident Of Village Kathtar, P.S. Chausa, District Buxar, At Present Posted As Programme Officer Block

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Kursela/Sameli, P.S. Kursela, District Katihar.

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Jitesh Chandra Kumar S/O Ram Pravesh Singh Resident Of Village Gulariyachak, P.S. Tekari, District Gaya, At Present Posted As Programme Officer Block Mansahi, P.S. Mansahi, District Katihar.

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Anant Kumar Sharma S/O Sri Prasad Sharma Resident Of Village Kuthari, P.S. Kahalgaon, District Bhagalpur, At Present Posted As Programme Officer Block Almabad, P.S. Almabad, District Katihar. 40. Md. Naushad S/O Late Md Abbas Resident Of Village Bibiganj, P.S. Danapur, District Patna, At Present Posted As Programme Officer Block Block Azam Nagar, P.S. Azam Nagar, District Katihar.

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Sanjeet Kumar S/O Laleshwar Jha Resident Of Village Madanpur Kahara, P.S. Madhepura, District Madhepura, At Present Posted As Programme Officer Block Manjha, P.S. Manjha, District Gopalganj. 42. Bhaskar Kumar Singh S/O Dr. Rajendra Singh Resident Of Village Bakerpur, P.S. Mohiuddin Nagar, District Samastipur, At Present Posted As Programme Officer Block Sidhwalia, P.S. Gopalganj, District Gopalganj.

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Manish Kumar S/O Narendra Kumar Singh Resident Of Village Khajuhatti, P.S. Baikunthpur, District Gopalganj, At Present Posted As Programme Officer Block Kuchaikote, P.S. Kuchaikote, District Gopalganj.

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Manish Kumar S/O Chandrama Singh Resident Of Village Dhamaur, P.S. Mairwa, District Siwan, At Present Posted As Programme Officer Block Baikunthpur, P.S. Baikunthpur, District Gopalganj.

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Rajeev Kumar Rajan S/O Ramprit Prasad Resident Of Village Khorampur, P.S. Dhanarua, District Patna, At Present Posted As Programme Officer Block Sadar, P.S. Gopalganj Sadar, District Gopalganj.

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Nirbhay Kumar S/O Late Wanbasi Singh Resident Of Village Dhangawan, P.S. Jahanbad, District Jehanabad, At Present Posted As Programme Officer Block Bhore, P.S. Bhore, District Gopalganj. 47. Chandrabhan Ram S/O Harishankar Ram Resident Of Village Mathia Tola, P.S. Nautan, District Siwan, At Present Posted As Programme Officer Block Hathua, P.S. Hathua, District Gopalganj.

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Pramod Kumar Yadav S/O Ramashish Chaudhary Resident Of Village Shivpur Mathia, P.S. Mairwa, District Siwan, At Present Posted As Programme Officer Block Barauli, P.S. Barauli, District Siwan.

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Santosh Prasad S/O Bipin Bihari Prasad Resident Of Mohalla Satyogi Bhawan Sector Ii, Saraidhela, District Dhanbad (Jharkhand), At Present Posted As Programme Officer Block Kateya, P.S. Kateya, District Goplganj.

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Karan Kumar S/O Bichhi Ji Resident Of Village Shaidpur, P.S. Kadamkuan, District Patna, At Present Posted As Programme Officer Block Thawe, P.S. Thawe, District Gopalganj.

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Anjani Kumar Sinha S/O Ramprit Sinha Resident Of Mohalla C-304 Monika Apartment, Khjpura, Bailey Road, P.S. Shashtri Nagar, District Patna, At Present Posted As Programme Officer Block Bettiah Sadar, P.S. Sadar Muffasil, District West Champaran.

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Atul Kumar S/O S.C. Prasad Reshident Of Mohalla South Mandiri, Near Kathpul, P.S. Budha Colony, District Patna, At Present Posted As Programme Officer Block Chanpatia, P.S. Chanpatia, District West Champaran.

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Hari Shankar Prasad S/O Shree Mangl Prasad Resident Of Mohalla Mansur Nagar, P.S. Sohsarai, District Nalanda, At Present Posted As Programme Officer Block Gaunaha, P.S. Gaunaha, District West Champaran.

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Alok Kumar Ranjan S/O Indradeo Singh Resident Of Village Bechabigha, P.S. Banke Bazar, District Gaya, At Present Posted As Programme Officer Block Mainatand, P.S.Mainatand, District West Champaran.

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Shil Bhushan S/O Shashi Bhushan Resident Of Village Turki, P.S. Turki, District Muzaffarpur, At Present Posted As Programme Officer Block Majholia, P.S. Majholia, District West Champaran.

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Priya Ranjan Kumar S/O Ram Naresh Lal Karn Resident Of Village Majhaura,

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P.S. Sursand, District Sitamarhi, At Present Posted As Programme Officer Block Sadar, P.S. Kotwali, District West Champaran.

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Mahesh Kumar S/O Ram Bilash Prasad Yadav R/O Village Nari P.S. Silao, District Nalanda, At Present Posted As Programme Officer Block Shivaji Nagar, P.S. Hatauri, District Samastipur.

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Binod Kumar S/O Ram Bhajan Roy R/O Village Chandil, P.S. Chandil, District Sarai Kala (Jharkhand), At Present Posted As Programme Officer Block Tajpur, P.S. Tajpur, District Samastipur.

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Amritesh Kumar S/O Shambhu Sharan Singh R/O Village Chakbajo, P.S. Saraiya, District Muzaffarpur, At Present Posted As Programme Officer Block Samastipur, P.S. Samastipur, District Samastipur.

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Prem Kumar S/O Vishnu Deo Mishra R/O Mohalla Indrapuri Colony, Ramna, P.S. Muzaffarpur, District Muzaffarpur, At Present Posted As Programme Officer Block Ujiarpur, P.S. Ujiarpur, District Samastipur.

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Yashwant Kumar S/O Yogendra Thakur Resident Of Mohalla Majhauli Pachdahi, P.S. Sakra, District Muzaffarpur, At Present Posted As Programme Officer Block Dalsingh Sarai, P.S. Dalsingh Sarai, District Samastipur.

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Tarun Kumar S/O Mathura Nath Jha R/O Village Gangauli, P.S. Muzaffarpur, District Muzaffarpur, At Present Posted As Programme Officer Block Kalyanpur, P.S. Kalyanpur, District Samastipur.

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Manoranjan Kumar Ranjan S/O Ram Prasad Ram R/O Village Hilalpur, P.S. Industrial Area Hajipur, District Vaishali, At Present Posted As Programme Officer Block Morwa, P.S. Morwa, District Samastipur.

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Ranjeet Kumar S/O Satya Narayan Prasad Gupta R/O Village Chowk Sarmastpur, P.S. Sakra, District Muzaffarpur, At Present Posted As Programme Officer Block Patori, P.S. Patori, District Samastipur.

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Anand Kumar Das S/O Ram Lagan Das R/O Village Parmanandpur, P.S. Mahua, District Vaishali, At Present Posted As Programme Officer Block Vidyapati Nagar, P.S. Vidyapati Nagar, District Samastipur.

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Sanjeev Kumar S/O Shashi Bhushan Prasad Singh R/O Mohalla Paraw Pokhar, P.S. Muzaffarpur, District Muzaffarpur, At Present Posted As Programme Officer Block Khanpur, P.S. Khanpur, District Samastipur.

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Girendra Kumar Singh S/O Shiv Kumar Singh R/O Village Amas Bara, P.S. Amas, District Gaya, At Present Posted As Programme Officer Block Barun, P.S. Barun, District Gaya.

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Abhishek Kumar S/O Dhananjay Singh R/O Mohalla Rikavganj (Wara), P.S. Tekari, District Gaya, At Present Posted As Programme Officer Block Madanpur, P.S. Madanpur, District Aurangabad.

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Sanjay Kumar S/O Dr. Lakhan Prasad R/O Mohalla Nandgola Marufganj, P.S. Chowk, District Patna, At Present Posted As Programme Officer At Drda Aurangabad, P.S. Aurangabad, District Aurangabad.

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Kumar Shailendra S/O Chandrika Prasad R/O Mohalla Kankarbag Road No. 8- A Changer, P.S. Kankarbag, District Patna, At Present Posted As Programme Officer Block Obra, P.S. Obra, District Aurangabad.

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Kumar Madhukar S/O Surendra Singh R/O Mohalla Datiyana, P.S. Bikram, District Patna, At Present Posted As Programme Officer Block Haspura, P.S. Haspura, District Aurangabad.

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Yogendra Kumar Singh S/O Shaligram Singh R/O Mohalla Kharkhura Baluahi, P.S. Gaya, District Gaya, At Present Posted As Programme Officer Block Sadar, P.S. Aurangabad, District Aurangabad.

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Satya Prakash S/O Girija Prasad Mandal R/O Mohalla Ganga Vihar Colony, P.S. Fatehpur, District Bhagalpur, At Present Posted As Programme Officer Block Kutumba, P.S. Kutumba, District Aurangabad.

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Satish Kumar S/O Tileshwar Kumar R/O Mohalla Adarsha Vihar Colony, P.S. Shastri Nagar, District Patna, At Present Posted As Programme Officer Block Deo, P.S. Deo, District Aurangabad.

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Vijay Ranjan Parmar S/O Madheshwar Singh R/O Village Biju Bigha, P.S.

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Buniyadganj, District Gaya, At Present Posted As Programme Officer Block Rafiganj, P.S. Rafiganj, District Aurangabad. 76. Bijendra Kumar S/O Ram Briksh Paswan R/O Mohalla Chondi, P.S. Barh, District Patna, At Present Posted As Programme Officer Block Navinagar, P.S. Navinagar, District Aurangabad. 77. Jaideo Kumar S/O Nageshwar Ram R/O Village Bakra Bigha, P.S. Gaya, District Gaya, At Present Posted As Programme Officer Block Daudnagar, P.S. Daudnagar, District Aurangabad. 78. Anand Vijay S/O Kumar Ashok Vijay R/O Mohalla Pirmohani, P.S. Kadamkuan, District Patna, At Present Posted As Programme Officer Block Goh, P.S. Goh, District Aurangabad. 79. Sanjeev Ranjan Mishra S/O Suresh Mishra Resident Of Mohalla Diwani Takia, Kathalbari, P.S. Darbhanga, District Darbhanga, At Present Posted As Programme Officer Block Rahika, P.S. Rahika, District Madhubani. 80. Md. Arshad Jamal S/O Md. Junaid Ahmad Resident Of Mohalla Shahganj, P.S. Laheriasarai, District Darbhanga, At Present Posted As Programme Officer Block Kaluwahi, P.S. Kaluwahi, District Madhubani. 81. Meenakshi Singh D/O Uchit Narayan Singh Resident Of Mohalla Gandhi Nagar Colony, Ishakchak, P.S. Bhagalpur, District Bhagalpur, At Present Posted As Programme Officer Block Khajauli, P.S. Khajauli, District Madhubani. 82. Amjad Reza S/O Md. Nasiruddin R/O Mohalla Imli Bazar National Bank Chowk, P.S. Darbhanga, District Darbhanga, At Present Posted As Programme Officer Block Pandaul, P.S. Pandaul, District Madhubani. 83. M.S. Zoha S/O Md. Shamim R/O Mohalla Rahamganj, P.S. Laheria Sarai, District Darbhanga, At Present Posted As Programme Officer Block Bisfi, P.S. Bisfi, District Madhubani.

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Amrendra Kumar S/O Late Haribansh Singh R/O Mohalla P.P. Colony Vivekanand Park, P.S. Buddha Colony, District Patna, At Present Posted As Programme Officer Block Benipatti, P.S. Benipatti, District Madhubani. 85. Randhir Kumar S/O Braj Shankar Sharma R/O Mohalla Ahiyari, P.S. Darbhanga, District Darbhanga, At Present Posted As Programme Officer Block Basopatti, P.S. Basopatti, District Madhubani. 86. Vinod Kumar S/O Rajendra Prasad Singh R/O Village Narayanpur, P.S. Bishunpur, District Darbhanga, At Present Posted As Programme Officer Block Jhanjharpur, P.S. Jhanjharpur, District Madhubani. 87. Prasun Kumar S/O Naresh Prasad R/O Mohalla Postal Park, Road No. 2 Jawahar Colony, P.S. Jakkanpur, District Patna, At Present Posted As Programme Officer Block Andhrathari, P.S. Andhrathari, District Madhubani. 88. Achal Chandra Mishra S/O S.C. Mishra R/O Village Bhuskaul, P.S. Mohanpur, District Darbhang, At Present Posted As Programme Officer Block Madhulopur, P.S. Madhulopur, District Madhubani. 89. Jivan Chandra S/O Late Suryadeo Narayan Verma R/O Mohalla Lakshmi Nagar Colony, P.S. Laheria Sarai, District Darbhanga, At Present Posted As Programme Officer Block Babu Barhi, P.S. Babu Barhi, District Madhubani. 90. Ramesh Kumar S/O Rajendra Sahni R/O Village Madarpur, P.S. Lalbagh, District Darbhanga, At Present Posted As Programme Officer Block Raj Nagar, P.S. Raj Nagar, District Madhubani. 91. Arvind Chandra Das S/O Late Mathura Nath Das R/O Village Balore, P.S. Manigachhi, District Darbhanga, At Present Posted As Programme Officer Block Jai Nagar, P.S. Jai Nagar, District Madhubani. 92. Rajnish Kumar S/O Late Chandeshwar Pandey R/O Village Sitalpur Kothi, P.S. Dariyapur, District Saran, At Present Posted As Programme Officer Block Lakhnaur, P.S. Lakhnaur, District Madhubani. 93. Sujeet Kumar Thakur S/O Shanti Nath Thakur R/O Village Kausi, P.S. Manigachhi, District Darbhanga, At Present Posted As Programme Officer Block Madhepur, P.S. Madhepura, District Madhubani.

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Jeetendra Pandey S/O Ramashish Pandey R/O Village Shibaisingpur, P.S.

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Laheriasarai, District Darbhanga, At Present Posted As Programme Officer Block Ladania, P.S. Ladania, District Madhubani.

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Ranjit Kumar Mishra S/O Trilok Nath Mishra R/O Mohalla Rahamganj, P.S. Darbhanga, District Darbhanga, At Present Posted As Programme Officer Block Harlakhi, P.S. Harlakhi, District Madhubani.

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Sanjeev Kumar S/O Umesh Prasad Rajak R/O Mohalla East Rupaspur, Jagdeo Path, P.S. Rupaspur, District Patna, At Present Posted As Programme Officer Block Ghoghardiha, P.S. Ghoghardiha, District Madhubani. 97. Navin Kumar Nischal S/O Ram Babu Roy R/O Village Lachhminia, P.S. Supaul, District Supaul, At Present Posted As Programme Officer Block Khulauna, P.S. Khulauna, District Madhubani. 98. Santosh Kumar Bhardwaj S/O Dinesh Sharma R/O Mohalla A.P. Colony, P.S. Gaya, District Gaya, At Present Posted As Programme Officer Block Makhdumpur, P.S. Makhdumpur, District Jehanabad.

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Deepak Kumar S/O Lallan Prasad R/O Village Shahar Telpa, P.S. Karpi, District Arwal, At Present Posted As Programme Officer Block Hulasganj, P.S. Hulasganj, District Jehanabad. 100. Pankaj Kumar Pal S/O Ram Narayan Pal R/O Mohalla Rampur, P.S. Gaya, District Gaya, At Present Posted As Programme Officer Block Kako, P.S. Kako, District Jehanabad. 101. Ratan Lal S/O Late Rajendra Prasad Raj R/O Village Nadaul, P.S. Dhanarua, District Patna, At Present Posted As Programme Officer Block Jehanabad, P.S. Jehanabad, District Jehanabad. 102. Binod Kumar S/O Rana Singh R/O Mohalla Bangla Asthan, Maharani Road, P.S. Bodh Gaya, District Gaya, At Present Posted As Programme Officer Block Rathi Faridpur, P.S. Rathi Faridpur, District Jehanabad. 103. Alok Kumar S/O Yugal Kishore Sharma R/O Village Horilganj, P.S. Horilganj, District Jehanabad, At Present Posted As Programme Officer Block Kurtha, P.S. Kurtha, District Arwal.

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Kamlesh Kumar S/O Yamuna Prasad Singh R/O Village Nirpura, P.S. Makhdumpur, District Jehanabad, At Present Posted As Programme Officer Block Bansi, P.S. Bansi, District Arwal.

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.... .... Petitioner/s Versus

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The State Of Bihar Through Secretary Rural Development Department, Government Of Bihar, Patna. 2. The Secretary, Rural Development Department, Government Of Bihar, Patna. 3. The Commissioner, Mahatma Gandhi National Rural Employment Guarantee Scheme, Government Of Bihar, Patna.

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Joint Secretary, M.G.N.R.E.G.S., Govt. Of Bihar, Patna.

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The Union Of India Through The Secretary, Rural Development Department, New Delhi. 6. Joint Secretary, Mahatama Gandhi National Rural Employment Guarantee Scheme, Government Of India, New Delhi. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. S. K. Ghose, Sr. Advocate Mr. Prem Ranjan Kumar Mr. Dharmendra Kumar For the Respondent/s : Mr. DHURJATI KR K. PRASAD For the Union of India: Kanak Verma =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT

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Date: 18-03-2015

All the 104 petitioners have filed the present writ application, seeking quashing of letter no. 164833, dated 27.09.2013, which has been issued under the signature of the Secretary, Rural Development Department, Government of Bihar. The reason for seeking such a relief is because the petitioners allege that the power of Programme Officers, which they are, is being curtailed in contravention of section 15 of National Rural Employment Guarantee Scheme, 2005 without any authority of law.

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They also want quashing of letter no. 166678, dated 22.10.2013, also issued under the signature of Secretary, Rural Development Department, Government of Bihar, by virtue of which certain powers, vested in the Programme Officers, are now being given to Block Development Officers and Nazirs of the block, especially with regard to payment to be made to the beneficiaries under the MGNREGA Programme.

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The impugned orders are Annexure-4 and 6 respectively to the writ application, whose quashing the petitioners want.

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Learned senior counsel, representing the

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petitioners, submits that these petitioners were selected and appointed as Programme Officers in terms of the advertisement, issued by the respondent-State of Bihar and after fulfilling all the requirements and eligibility laid down therein. They have been rendering service in terms of the contract. They are discharging functions under the Act in Panchayats, which includes not only monitoring the various programmes under MGNREGA, but also their sanction, execution and payment of unemployment allowance as well as fair wages to the labourers, working under the scheme. All these powers according to the petitioners are derived from the provisions of section 15 of the Act and the rule, coupled with the guidelines issued by the Central Government. The relevant provisions are reproduced hereinbelow:

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“15 (1) At every Panchayat at intermediate level, the State government shall appoint a person who is not below the rank of Block Development Officer with such qualifications and experience as may be determined by the State Government as Programme Officers at the Panchayat at intermediate level.

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(2) The Programme Officer shall assist the Panchayat at intermediate level in discharging its functions under this Act and any Scheme made thereunder.

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(3) The Programme Officer shall be responsible for matching the demand for employment with the employment

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opportunities arising from projects in the area under his jurisdiction.

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(4) The Programme Officer shall prepare a plan for the Block under his jurisdiction by consolidating the project proposals prepared by the Gram Panchayats and the proposals received from intermediate Panchayats.

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(5) The functions of the Programme Officer shall include –

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(a) monitoring of projects taken up by the Gram Panchayats and other implementing agencies within the Block.

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(b) Sanctioning and ensuring payment of unemployment allowance to the eligible households;

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(c) ensuring prompt and fair payment of wages to all labourers employed under a programme of the Scheme within the Block.

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(d) ensuring that regular social audits of all works within the jurisdiction of the Gram Panchayat are carried out by the Gram Sabha and that prompt action is taken on the objections raised in the social audit;

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(e) dealing promptly with all complaints that may arise in connection with the implementation of the Scheme within the Block; and

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(f) any other work as may be assigned to him by the District Programme Coordinator or the State Government.

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(6) The Programme Officers shall function under the direction, control and superintendence of the District Programme Coordinator.

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(7) The State Government may, by order, direct that all of any of the functions of a Programme Officer shall be discharged by the Gram Panchayat or a local authority.”

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Most of these petitioners have been working since the year 2007 and the contract has been extended from time to time. The post of Programme Officer is not below the rank of a Block Development Officer and they are in no manner subordinate to or under the control of any Block Development Officer.

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It is the case of the petitioners that all had been well till the State authorities decided to issue the two impugned letters. A reading of which will indicate that these petitioners are being made subordinate to the Block Development Officers. They are being made to sign in place of Accountants under the e-FMS system, which uses digital signature for payments under the direct benefit transfer system. This system was introduced to ensure direct payment to bank accounts of the beneficiaries electronically. e-FMS system requires two digital signatures, the first digital signature has to be made by the person, who prepares the advise, which is called the fund transfer order and the second digital signature require to be made by the person, who checks the fund transfer order. By the two letters now the Programme Officers are required to prepare the fund transfer order and the Block Development Officers are supposed to be the checking authority before

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authorizing payments thereof. The District Programme Officers have been made to sign in the column meant for Accounts, which further lowers their status.

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Though the petitioners by virtue of being Programme Officer do coordinate and supervise the overall work allotted by the Panchayat Samiti as before, but the payments can only be made after the digital signature of Block Development Officers, which is curtailment of their responsibility and powers as well as status as is the stand of the petitioners.

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Certain guidelines have also been issued by the Central Government in this regard, but the State of Bihar especially the Department of Rural Development in omission and breach thereof, has issued the two impugned letters.

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A counter affidavit has been filed on behalf of the Rural Development Department. The stand of the State in the counter affidavit is that neither the Programme Officers’ powers have been curtailed nor they have been made subordinate to Block Development Officers. It is a misnomer on the part of the petitioners. These guidelines or changes with regard to payment of e-FMS method has been evolved by the State government for better working of the system as

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well as for honest and fair payment to the beneficiaries, in their account. This is the stand of the State counsel based on the statement in the counter affidavit. It is also argued on behalf of the State that these changes have been brought about keeping in mind the past experience and to fine-tune the working of the MGNREGA Programme keeping the beneficiaries in mind. It is widely known that large scale complaints have emerged as well as received in the manner in which the programme is being executed and the beneficiaries being shortchanged, when it came down to payment. It was with this object in mind the electronic transfer of payment in the account of beneficiaries was evolved by the State of Bihar as a check and balance. As a second signatory for authorization of e-payment, the Block Development Officers have been made responsible. There is no question of any exercise of control over the Programme Officers. The Block Development Officers will only put their digital signature before the fund gets transferred. So far as execution of the project is concerned that continues to be the responsibility of Panchayat Samiti and the Programme Officer shall continue to discharge their responsibility without any interference by the Block Development Officers. It was

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thought to be prudent on the part of the government that a person who is a government servant is involved, especially since large scale public fund is involved. The anxiety as well as reservation expressed by the petitioners with regard to the two communications and letters is nothing but an over-reaction.

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The Court has gone through the provisions of the Act and heard learned senior counsel quite extensively.

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Nowhere from a dispassionate reading of the two communications does this Court get a feeling that there is an effort on the part of the State Government to curtail the powers of the Programme Officer or to make them subordinate to the Block Development Officers. The role of the Block Development Officers have been limited to be second signatory and are authorized only to put their digital signature in the final transfer of funds to the accounts of the beneficiaries. The work is still required to be done by the Programme Officers and supervised. They do the checking and certifications with regard to the work as well as the beneficiaries in execution of the work. They continue to certify the implementation of the MGNREGA Programme at the Panchayat level. The legal questions which have been

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raised on behalf of the petitioners are a case of over reaction. No such breach or dilution of the provisions of the MGNREG Act can be read into the two communications, which are under challenge.

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The Court cannot be unmindful of the fact that an honest effort has to be made for payment of money to the beneficiaries for honest work done. Leakages have to be curtailed in one manner or the other. If the State Government has evolved certain mechanisms as a matter of policy they are the best judge and even otherwise it is not the duty of the Court to advise or interfere with the working arrangements and the administration of such programmes.

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The Court infact opines that these petitioners’ anxiety is for other reasons and not for bona fide reasons.

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Writ application, therefore, has failed to make out a case for interference with the two impugned orders, contained in Annexure-4 and 6. Writ application is required to be dismissed and is dismissed.

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(Ajay Kumar Tripathi, J.)

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SKM/-

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Rajeev Ranjan and Ors. v. The State Of Bihar and Ors.

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Rajeev Ranjan and Ors. v. The State Of Bihar and Ors.

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