Patna High Court
Dipika Kumari vs The State Of Bihar And Ors on 23 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2293 of 2019
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Dipika Kumari Wife of Pravin Kumar Resident of Ajan, P.S.-Goh, District-
Aurangabab
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Panchayati Raj Department,
Government of Bihar, Patna
2. The Commissioner, Magadh Division, Gaya
3. The District Magisrate Cum Collector, Aurangabad.
4. The Deputy Development Commissioner, Aurangabad
5. The District Panchayat Raj Officer, Aurangabad
6. The Block Development Officer Goh
7. The Panchayat Secretary, Phag Panchayat, Goh Block, Aurangabad
8. The Selection Committee through Chairman, Goh, Aurangabad
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Singh, Advocate
Ms. Malti Kumari, Advocate
For the Respondent/s : Mr. Kameshwar Pd.Gupta (Gp10)
Mr. Satya Vrat AC to GP-10
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 23-01-2024
Heard learned counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed by the
petitioner for quashing the fresh advertisement published vide
Memo No.134 dated 18.09.2018 issued by respondent No.3, the
District Magistrate, Aurangabad, withing completing the process
of appointment of earlier advertisement published for
appointment of Gram Kachahari Secretary pursuant to Memo
Patna High Court CWJC No.2293 of 2019 dt.23-01-2024
No.419 dated 21.04.2018.
3. Learned counsel for the State submits that in
the year 2014 the Bihar Gram Katchahary Sachiv (Employment,
Service Condition and Duty) Rules, 2014, came into existence
under which Rule 7 of the Rules, 2014 specified that any
disputes/grievances over selection/appointment on the post of
Gram Katchahary Secretary an appeal has to be preferred before
the concerned District Panchayat Raj Officer, Aurangabad,
within 30 days from the date of such employment and he has to
take decision within a period of 45 days.
4. In the light of the submissions made, it
transpires to this Court that the petitioner has preferred the writ
petition directly without availing the provision of statutory
remedy. Accordingly, this writ petition is disposed off directing
the petitioner to file representation/appeal along with the order
passed by this Court within 30 days and the authority concerned
is directed to pass a reasoned and speaking order on the
representation/appeal filed by the petitioner within 45 days.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 25.01.2024
Transmission Date NA
