Manish Kumar vs The Chairman
2021 Latest Caselaw 4882 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                Civil Writ Jurisdiction Case No.15719 of 2021
     ======================================================

Manish Kumar S/o- Manoranjan Singh R/o - Village ward no. 4, khuthaDih, P.S.- Khutaha, District- Lakhisarai, Bihar- 811302.

... ... Petitioner/s

Versus

1. The Chairman Bihar Staff Selection Commission, Patna Bihar.

2. The State of Bihar Through the Principal Secretary, Education Department,

Govt. of Bihar, Patna.

3. The Chief Secretary Govt. of Bihar, Patna.

4. The Director Secondary Education Govt. of Bihar, at Present Sinha Library,

Patna.

5. The Director Department of Library Science, Govt. of Bihar, at Present

Sinha Library, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Vishal Vikram Rana, Advocate For the Respondent/s : Mr. Rakesh Narayan Singh, AC to AAG 10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-10-2021

This petition is preferred at the instance of the

petitioner, a resident of this State of Bihar, under the provisions

of Articles 226 and 227 of the Constitution of India, 1950, in

exercise of the extraordinary discretionary writ jurisdiction of Patna High Court CWJC No.15719 of 2021 dt.05-10-2021

this Hon'ble Court, through which the petitioner has sought for

a direction upon the Respondents to release the vacancy of the

post of Librarian which is pending since 2008.

Considering the nature of grievance raised in the

application, we are of the considered view that it would be

appropriate if the petitioner were to first approach the

respondent authorities by way of filing representation.

The present application is, accordingly, disposed of

reserving liberty to the petitioner to file appropriate

representation before the appropriate authority within a period

of four weeks. If such a representation is filed by the petitioner

within the time stipulated, the authority concerned is directed to

consider the same and dispose it of expeditiously and preferably

within a period of three months thereafter. Needless to say that

while considering such request, principles of natural justice

shall be followed and due opportunity of hearing afforded to the

parties.

If aggrieved by the said order, the petitioner shall

have liberty to approach this Court by way of separate

petitions, if so required and desired.

With the aforesaid observations, this application is

disposed of.

Patna High Court CWJC No.15719 of 2021 dt.05-10-2021

Interlocutory application, if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          07.10.2021
Transmission Date