Patna High Court
Bhageswar Sutihar @ Bhageswar ... vs The State Of Bihar on 20 June, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7647 of 2021
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Bhageswar Sutihar @ Bhageswar Vishwakarma, aged about 52 years, male,
son of Lakshmi Sutihar resident of Village and P.O. Baijnathpur, P.S. Saur
Bazar, District Saharsa, at present Ayurvedic Campus, Ward No. 10, Nagar
Parishad, District Saharsa.
... ... Petitioner
Versus
1. The State of Bihar through Secretary, Personnel and Administrative Reforms
Department, Govt. of Bihar, Patna.
2. The District Collector, Saharsa.
3. The Deputy Collector, Establishment, Saharsa.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Anil Kumar Mukund, Adv.
For the Respondents : Mr. Ruchikar Jha AC to SC-8
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 20-06-2022
Heard learned counsel for the petitioner and learned AC
to SC-8 for the State.
2. The petitioner has assailed the Final Panel dated
28-03-2020 prepared for appointment of Grade-IV employees in
Saharsa District from amongst those who have served on daily
wages.
3. Petitioner's counsel submits that he has completed 240
days in a calendar year for five consecutive years and he is
Patna High Court CWJC No.7647 of 2021 dt.20-06-2022
entitled for regularization. It is his submission that though he
has been placed in the Final Panel at serial No.474, columns 8
and 9 of the Panel prepared in the year 2019 are left blank. He
further submits that while making his application in the year
2014 itself he had supplied all the relevant information and
documents before the Authority, namely, District Magistrate,
Saharsa and, therefore, the fact that columns 8 and 9 of the
Panel in respect of the petitioner has been left blank is
unacceptable by the petitioner. The Authorities are required to
give the details under Columns 8 and 9 of the Panel, which
columns are for specifying the findings of the Enquiry
Committee, constituted under the District Accounts Officer, and
other relevant decisions/reports or documents in respect of the
petitioner's claim; and decision of the District Selection
Committee respectively.
4. Insofar as the said submission is concerned, this Court
would observe that if any selection is to be done from the Panel
in future, the petitioner would have opportunity to re-submit the
documents which, as per his submission, has not been taken
note of in columns 8 and 9 at Annexure-3 series.
5. It is not the petitioner's case that any one below Serial
No.474 at which the petitioner has been placed, has been
Patna High Court CWJC No.7647 of 2021 dt.20-06-2022
appointed/regularized from the Panel. In the said circumstance,
there is no occasion for the petitioner to express any grievance
in respect of the Final Panel dated 28-03-2020. Since non below
the petitioner in the Panel has been appointed by way of
regularization, the Court would, therefore, observe that no case
is made out for quashing of the Final Panel dated 28-03-2020.
6. The application stands dismissed.
(Madhuresh Prasad, J)
shyambihari/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 27-06-2022
Transmission Date
