High Court Patna High Court - Orders

Manoj Singh Kushwaha vs The State Of Bihar &Amp; Ors on 4 July, 2008

Patna High Court – Orders
Manoj Singh Kushwaha vs The State Of Bihar &Amp; Ors on 4 July, 2008
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CWJC No.952 of 2008
                               MANOJ SINGH KUSHWAHA
                                          Versus
                              THE STATE OF BIHAR & ORS
                                        -----------

2/ 4/7/2008. Heard learned counsel for the petitioner and learned counsel

for the State.

The petitioner in context of his grievance for denial of

appointment to the post of Panchayat Teacher in Gram Panchayat-

Bhawrajpur, Anchal- Andar, District- Siwan has already moved the

statutrory authority under Rule-18 of Bihar Panchayat Primary

Teachers (Appointment and Service Conditions) Rules, 2006. From

annexure-8 to the writ application it appears that despite directions by

the statutory authority respondents-10 and 11 were not cooperating

inasmuch as they were refusing to furnish relevant information and

documents to the statutory authority leading to the matter remaining

indisposed.

The petitioner is directed to appear before the statutory

authority with a copy of the order passed by this Court today

containing the following directions. The B.D.O. is then directed to

have the copy of the order of this Court served upon respondent

Nos.10 and 11.

This Court directs respondents-10 and 11 to produce all the

necessary materials, information and documents before respondent

No.7, the statutory authority, to enable him to decide the

representation of the petitioner. Since this Court is directing disposal

of the representation of the petitioner by the statutory authority, any
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obstruction by any person, whether direct or indirect, in disposal of

the representation by the statutory authority shall clearly be an

interference with the orders of this Court for disposal of the

representation amounting to contempt. This Court, in the

circumstances may be constrained to proceed suo motu also against

the concerned if the matter be brought to its attention.

Let the statutory authority dispose off the representation in accordance

with law within a maximum period of four months from the date of

receipt/production of a copy of this order ,in accordance with law,

after hearing all concerned.

KC                                        ( Navin Sinha,J )