The High Court disposed of the writ petition holding the issue regarding the petitioner's appointment and subsequent termination to be rendered academic after the Collector directed fresh appointments. Consequently, no interference was warranted with the concurrent findings of the Divisional Commissioner.
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.117 of 2009
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Sharmila Kumari wife of shri Laxmi Kant resident of village Chhoti Kabaiya Chowk P.S. and P.O. Lakhisarai, District Lakhisarai
For the Respondent/s : Mr. Pravin Kumar Gupta, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
The petitioner is aggrieved by the order dated 24.10.2008 passed by the Divisional Commissioner in Civil Service Appeal No. 30 of 2008 whereby the appeal of the petitioner has been rejected and the order dated 16.6.2008 whereby the appointment of the petitioner was cancelled and directions were issued for fresh exercise, has been upheld.
Patna High Court CWJC No.117 of 2009 (4) dt.24-10-2016
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Having heard learned counsel for the parties and considering that the termination took place on 16.6.2008 and by the order impugned, the Collector, Lakhisarai had directed that fresh appointment be carried out to the post of Anganbari Sevika within a period of 4 weeks, the issue raised has been rendered academic. Even otherwise, considering that the District Collector has found irregularities in the selection process to issue such direction which order having been considered by the Divisional Commissioner, it has been affirmed, the concurrent findings translated in the orders impugned requires no interference.
The writ petition is disposed of.
(Jyoti Saran, J)
Bibhash/-
U
2 issues framed by the court
Whether the writ petition requiring interference regarding the impugned order dismissing the appeal and cancelling the petitioner's appointment should be allowed given that the issue has been rendered
Whether the concurrent findings of the Divisional Commissioner and Collector regarding irregularities in the selection process require interference in the impugned orders.
Sharmila Kumari
The State of Bihar
The Divisional Commissioner, Munger
The D.M.cum-Collector, Lakhisarai
D.D.C. Lakhisarai
District Welfare Officer cum District Executive Officer, Lakhisarai
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
