The Patna High Court dismissed a writ petition challenging the non-reappointment of an appellant clerk who resigned years prior. The court found no patent illegality in the administrative orders refusing rejoining after accumulation of a `Prapatra ka`. No specific relief was granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13284 of 2013
====================================================== 1. Madan Kumar Paswan S/O Late Babujan Paswan R/O MohallaPokharia, Begusarai, P.S.- Town, District- Begusarai .... .... Petitioner/s Versus 1. The State Of Bihar through the Principal Secretary, Deptt. Of General Administration, Govt. Of Bihar, Patna 2. Principal Secretary, Deptt. Of General Administration, Govt. Of Bihar, Patna 3. The Commissioner, Munger Division, Munger 4. Collector-Cum-District Magistrate, Khagaria 5. Public Information Officer Cum-Deputy Collector, Establishment Collectorate, (Establishment), Khagaria .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr. S.D. Sanjay ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 14-03-2016 Heard. The petitioner was appointed as Clerk on 01. 09.1982. On 07.03.1988, he is said to have tendered his resignation from service. Having found that the petitioner had remained absent for a long period of time a memo in ‘Prapatra ka’ was issued to him on 15.12.2006 (Annexure-7). An enquiry officer was also appointed in which the petitioner was given opportunity to submit his explanation. On a consideration of the materials in the enquiry, the Collector by a reasoned order dated 5.1.2013 (Annexure-16) refused to reappoint the petitioner and/
Patna High Court CWJC No.13284 of 2013 (2) dt.14-03-2016
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or permit him to join the post. Aggrieved thereby an appeal was preferred before the Divisional Commissioner vide Service Appeal no. 02 of 2012- 2013. After hearing both sides, the appellate authority also did not find any merit in the case of the appellant(writ petitioner) as no evidence worth the name was produced by the petitioner in the enquiry requesting for rejoining after seeking withdrawal of the resignation.
This Court does not find any patent illegality in the two orders meriting invocation of the writ jurisdiction to grant the relief. The petitioner may approach the appropriate forum, if so advised, for redressal of his grievance.
The application is dismissed.
(Kishore Kumar Mandal, J)
Shyam/-
U
1 issue framed by the court
Whether theCollector's refusal to reappoint the petitioner and the appellate authority's dismissal of the service appeal were illegal or arbitrary.
Madan Kumar Paswan
The State Of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
