Disposed

Ram Vinod Singh v. the State of Bihar and Ors.

Patna HC12 Apr 2016CWJC/16746/2011

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What is this about?

The Patna High Court set aside an order of the District Programme Officer rejecting the petitioner's claim passed during the pendency of the writ petition, as the officer lacked authority to pass a contrary order. The petition was disposed of with liberty to approach the concerned authority.

What did the court decide?

Memo No. 3275 dated 16.06.2015 passed by the District Programme Officer is set aside; writ petition disposed of with liberty to approach concerned authority.

Ram Vinod Singh Vs the State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16746 of 2011

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Ram Vinod Singh S/O Late Sukhdeo Prasad Singh R/O Village- Darihara Chaturbhuj, P.S.- Dariyapur, Distt.- Saran

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.... .... Petitioner

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Versus

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The State of Bihar 2. The Commissioner-Cum-Secretary, Human Resources Department, Govt. of Bihar, New Secretariat, Patna

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The Director, Primary Education, Bihar, New Secretariat Building, Patna 4. The District Magistrate, Saran at Chapra 5. The Deputy Development Commissioner, Saran at Chapra 6. The District Superintendent of Education, Saran at Chapra

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.... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Singh For the Respondent/s : Mr. AC to SC-28

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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4 12-04-2016 Heard Sri Abhay Kumar Singh, learned counsel for the petitioner and learned AC to SC-28

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Learned AC to SC-28, by way of referring to AnnexureA to the counter affidavit, submits that the claim of the petitioner has already been rejected by the District Programme Officer.

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On perusal of Annexure-A, the Court is satisfied that during the pendency of the present writ petition, such order was passed , whereby the relief, which has been rejected by the District Programme Officer , was already claimed in the present writ petition. During pendency of the writ petition, the Court is of the opinion that the District Programme Officer was not authorized to

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Patna High Court CWJC No.16746 of 2011 (4) dt.12-04-2016

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2/2

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pass any contrary order. Accordingly, Annexure-A i.e. the order, contained in Memo No. 3275 dated 16.06.2015 passed by the District Programme Officer , Establishment, Saran is hereby set aside.

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aside.

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After some argument, Sri Abhay Kumar Singh, learned counsel for the petitioner makes a prayer for disposal of the writ petition, so that the petitioner may approach the authority concerned regarding the grievance raised in the present writ petition.

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The prayer is allowed.

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The writ petition stands disposed of with liberty as indicated above.

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(Rakesh Kumar, J)

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NKS/U

Ram Vinod Singh v. the State of Bihar and Ors.

Case brief

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Ram Vinod Singh v. the State of Bihar and Ors.

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