Prem Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

Prem Kumar Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; petitioner directed to challenge Annexure-17 (Memo No. 522 dated 22.09.2018) before the Collector within 30 days from production of the order; any delay in filing the appeal condoned; Collector directed to decide the appeal within 90 days thereafter by a reasoned and speaking order.

Issue for consideration

Whether the petitioner's grievance against the cancellation of his contract (Annexure-17, Memo No. 522 dated 22.09.2018) should be pursued through the separate dispute-resolution forum framed under the Bihar Rural Development Society (with the District Magistrate/Collector as Appellate Authority) rather than adjudicated in this writ jurisdiction case.

Court's answer

Under the Bihar Rural Development Society a separate forum for resolving disputes has been framed, in which the Appellate Authority is the District Magistrate/Collector and the second Appellate Authority is the Secretary; since the original order in the present case was passed by the Deputy Development Commissioner, Begusarai, the appeal shall lie to the District Magistrate, Begusarai.

Ratio / Principle

The writ petition is disposed of, directing the petitioner to challenge Annexure-17 vide Memo No. 522 dated 22.09.2018 before the Collector within 30 days from the date of production of the order.

Key takeaways

The Collector is directed to decide the petitioner's appeal within 90 days thereafter, by a reasoned and speaking order.ratio¶25
Any delay in filing the appeal before the Collector is condoned.ratio¶26

Detailed headnote1 paragraphs

Patna High Court, CWJC No.1301 of 2019 (oral order, 13-02-2024, Dr. Anshuman, J.) - Prem Kumar v. State of Bihar. The petitioner's contract under the Bihar Rural Development Society had been cancelled vide Annexure-17, Memo No. 522 dated 22.09.2018, and he sought redress in this writ petition. The Court held that the Bihar Rural Development Society framework provides a separate forum for resolving disputes, in which the Appellate Authority is the District Magistrate/Collector and the second Appellate Authority is the Secretary; as the original order had been passed by the Deputy Development Commissioner, Begusarai, the appeal lay to the District Magistrate, Begusarai. Accordingly, the writ petition was disposed of, directing the petitioner to challenge Annexure-17 before the Collector within 30 days from production of the order, with any delay in filing the appeal condoned, and directing the Collector to decide the appeal within 90 days thereafter by a reasoned and speaking order. Note: the State counsel's submission that engagement terminates on continuous absence of five days or more without leave permission is counsel's argument/background, not this Court's holding. No statutory provisions or precedent cases were cited.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1301 of 2019

======================================================

Prem Kumar, S/o Late Upendra Singh Resident of Village- Sarvodaya Nagar, Post- Mirzapur Bandwar, Police Station- Town Thana, District- Begusarai

... ... Petitioner/s

Versus

The State Of Bihar through the Secretary, Rural Development Department, Old Secretariate, Bihar, Patna

The Principal Secretary-cum-Second Appellate Authority, Rural Development Department, Bihar, Patna

The Director, Manraga, District Rural Development Authority (DRDA), Begusarai

The Joint Secretary, Rural Development Department, Government of Bihar, Patna

The Divisional Commissioner-cum-First Appellate Authority, Munger 6. The District Magistrate-cum-Collector-cum-District Programme Coordinator, Begusarai

The Director Accounts Administration-cum-Public Information Officer, District Rural Development Agency, Begusarai

The Deputy Development Commissioner (DDC), Begusarai

The District Programme Officer (Manraga), Balia, District- Begusarai

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Ajoy Kumar Chakraborty, Adv. Mr. Krishna Murari Rawat, Adv. For the State : Mr. Saroj Kumar (AC to GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

3 13-02-2024 Learned counsel for the petitioner and learned counsel for the State are present.

It transpires to this Court that the petitioner has aggrieved from Annexure-17 vide Memo No. 522 dated 22.09.2018 by which the contract of the petitioner has been cancelled.

Patna High Court CWJC No.1301 of 2019(3) dt.13-02-2024 2/3

Learned counsel for the State submits that agreement of contractual appointment under Bihar Rural Development Society provides the service condition and according to him, the engagement of the petitioner and like persons will stand terminated if, he shall continuously absent for five days or more from duty without taking leave permission from the competent authority.

Counsel for the petitioner is not in a position to assist this Court properly. The correct position of law is otherwise as under Bihar Rural Development Society, separate forum for resolving disputes has been framed in which the Appellate Authority is District Magistrate/Collector and the second Appellate Authority is Secretary. Here, in the present case, the original order has been passed by Deputy Development Commissioner, Begusarai and therefore, the appeal shall lie to the District Magistrate, Begusarai.

As such, this writ petition is hereby disposed off directing the petitioner to challenge Annexure-17 vide Memo No. 522 dated 22.09.2018 before the Collector within 30 days from the date of production of the order.

The petitioner is directed to file his appeal before the Collector and Collector is directed to decide this appeal

Patna High Court CWJC No.1301 of 2019(3) dt.13-02-2024 3/3

within 90 days thereafter, by a reasoned and speaking order.

Delay if any in filing the appeal is hereby directed

to be condoned.

(Dr. Anshuman, J.)

Divyansh/-

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