Disposed

Sheshnath Upadhyay v. The State of Bihar

Patna HC7 Dec 2023CWJC/16930/2022

Case brief

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What is this about?

This order quashes a two-member appellate authority's decision on MGNREGA reimbursement. It remits the matter for rehearing by a three-member panel as required by revised guidelines, allowing the appeal pending that constitutional change.

What did the court decide?

The appellate order dated 26.07.2022 is set aside; the matter is remitted to a three-member appellate authority for fresh hearing and decision.

Sheshnath Upadhyay Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16930 of 2022

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Sheshnath Upadhyay Son of Barmeshwar Upadhyay Resident of villageAkauni, P.S.- Dumraon, District- Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

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The Principal Secretary, Rural Development, Govt. of Bihar, Patna.

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The Chairman, Appellate Authority, MGNREGA, Rural Development, Govt. of Bihar, Patna.

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The Member, Appellate Authority, MGNREGA, Rural Development, Govt. of Bihar, Patna.

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The District Magistrate, Buxar.

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The District Development Commissioner, Buxar.

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The Lokpal, MGNREGA, Buxar.

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The District Program Officer, Buxar.

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The Program Officer, Dumraon, Buxar.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Nirbhay Prashant, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG- 4

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 07-12-2023 Heard the parties.

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Learned counsel for the petitioner has submitted

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that the appellate order dated 26.07.2022 has been passed by the two member appellate authority, whereas as per the revised guidelines for appointment of reimbursement issued by the Government of India dated 28.08.2017, the award of reimbursement can be challenged before the appellate authority and all the decisions of the appellate authority on appeals against the award of reimbursement will be taken by all three

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Patna High Court CWJC No.16930 of 2022(3) dt.07-12-2023 2/2

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members together. It is an admitted position that impugned order has been passed by two members of the appellate authority as the third member was not appointed. Whereas, learned counsel for the State submitted that the selection of the third member was cancelled.

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In these circumstances, this application is allowed, and the matter is remitted back to the appellate authority with a direction that the same shall be heard and decided by a three member appellate authority in accordance with law.

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Until and unless three members are available in the appellate authority, this appeal shall not be disposed of.

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(Sandeep Kumar, J)

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Sudha/-

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Sheshnath Upadhyay v. The State of Bihar

Case brief

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Sheshnath Upadhyay v. The State of Bihar

Case brief

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