Patna High Court
Binay Prasad Shahi @ Binay Kumar ... vs The State Of Bihar on 24 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13772 of 2021
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Binay Prasad Shahi @ Binay Kumar Shahi S/o-Late Baidhyanath Shahi, Resi-
dent of Village-Chanayanban, P.S.-Majhaulia, District-West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.
3. The Principal Secreary, General Administration Department, Government of
Bihar.
4. The Development Commissioner, Govt. of Bihar, Patna.
5. The Divisional Commissioner, Tirhut Division, Muzaffarpur, District-
Muzaffarpur.
6. The District Magistrate, Bettiah, West Champaran.
7. The Zila Parishad, West Champaran, Bettiah through Deputy Development
Commissioner-Cum-Chief Executive Officer, Zila Parishad, Bettiah, West
Champaran.
8. The Deputy Development Commissioner-Cum-the Chief Executive Officer,
Zila Parishad, Bettiah, West Champaran
9. The Deputy Director, Panchayat Raj, Tirhut Division, Muzaffarpur, District-
Muzaffarpur.
10. The Acting Chairman-Cum-Vice Chairman, Zila Parishad, Bettiah, West
Champaran
11. Ramdeshwar Singh S/o-Late Jagdevan Singh Resident of Village-Gawen-
dari, P.S.-Chainpur, District-East Champaran, Motihari, at Present Working
as Accountant Head Clerk, Zila Parishad, West Champaran, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar
For the Respondent/s : Mr. Kameshwar Pd. Gupta (GP-10)
Mr. Anwar Karim (AC to GP-10)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 24-02-2022
Heard learned counsel for the parties.
In the instant petition, petitioner has prayed for the
Patna High Court CWJC No.13772 of 2021 dt.24-02-2022
following relief/reliefs:
"(i) For issuance of an appro-
priate writ in quashing the Memo No.
134 dated 29.05.2021 issued under the
signature of D.D.C.-cum-Chief
Executive Officer, Zila Parishad,
West Champaran, Bettiah on the
order of the then Chairman, Zila
Parishad, West Chamapran, Bettiah
appointed the Respondent No.11 on
contract for the period of Eleven (11)
months with retrospective
effect contained in Annexure-2.
(ii) For issuance of an
appropriate writ in quashing the
signature of DDC-cum-Chief
Executive Officer, Zila Parishad, West
Chmaparan, Bettiah whereby on the
order of Acting Chairman-cum-Vice
Chairman, Zila Parishad West
Champaran, Bettiah, the respondent
no.11 has been directed to take charge
Patna High Court CWJC No.13772 of 2021 dt.24-02-2022
of Accountant-cum-Head Clerk
from one Shambhu Kunwar
in-charge Accountant cum Head Clerk
of Zila Parishad Office and District
Engineer Office contained in
Annexure-3.
(iii) For issuance of an appro-
priate writ commanding the
Respondents to cancel the appointment
of Respondent No.11 with an
order of recovery of salary paid to him
after the appointment in terms of
Annexure-2 and 3 and further
commanding the respondents to
initiate disciplinary action against the
Deputy Development Commissioner-
cum-Chief Executive Officer, Zila
Parishad, West Champaran, Bettiah
and enquiry against the Acting
Chairman-cum-Vice Chairman, Zila
Parishad, West Chamaparan,
Bettiah."
Patna High Court CWJC No.13772 of 2021 dt.24-02-2022
Petitioner has questioned the validity of
re-appointment of respondent no.11 on contract basis for a
period of 11 months pursuant to the order dated 29.05.2021. The
relief column do not reveal in respect of writ of quo warranto,
despite these facts, it is noticed that respondent no.11 was not
appointed to any particular post, thereafter, he was asked to
takeover the charge of head clerk/accountant. Further,
respondent no.11 is stated to have resigned the post which was
held by him. Accordingly, writ petition do not survive for
consideration.
Hence, writ petition stands disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.03.2022
Transmission Date NA
