IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.8724 of 2010
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Sanjay Kumar, S/O Shiv Shankar Prasad, R/O Moh Malgodam Road, P.O.
Nawada, P.S.Nawada, Distt-Nawada.
.... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary Government of Bihar,
Patna
2. The Chief Secretary Government of Bihar, Patna
3. The Principal Secretary, Urban Development and Housing Department
Government of Bihar, Patna
4. The Deputy Secretary Cum Director, Urban Development and Housing
Department Government of Bihar, Patna
5. The Principal Secretary, Department of Finance Government of Bihar,
Patna
6. The Principal Secretary, General Administrative Department,
Government of Bihar, Patna
7. The District Magistrate Nawada
.... .... Respondents
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Appearance :
For the Petitioner: Mr. Mahendra Pd. Gupta, Advocate with
Mr. Brajesh Kumar, Advocate
For the Respondent: Mr. Mani Kant Mishra, G.P.21
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5. 10.8.2010. This petition under Article 226 of the
Constitution has been filed by one Sanjay Kumar, Chief
Councillor of Nagar Parishad, Nawada. The petitioner has
grievance in respect of the sanctioned strength of the
establishment of the Nawada Nagar Parishad. It is his
grievance that the State Government has not sanctioned
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adequate posts so as to meet the requirement of the Nagar
Parishad. The proposal for sanction of more posts made in
the year 1970 is still pending with the State Government.
The dearth of staff paralyses the administration.
Learned Advocate Mr. Mani Kant Mishra has
appeared for the State Government. He has submitted that
on 20th November 1999 the Government has imposed ban
on further appointments. He has also submitted that in spite
of want of sanctioned post the Nagar Parishad has made
appointments de hors the rules and now proposes for more
posts so that the illegal appointments can be regularized. He,
however, condescends that the State Government shall
review the position and the need for more sanctioned posts.
He states that the State Government shall consider the
request for more sanctioned posts made by the Nawada
Nagar Parishad within six weeks from today.
In view of the above statement made by the
learned Advocate no further order is required to be made
except that the State Government will make speaking order
whether it grants the request of the Nagar Parishad or
refuses it or partially grants it. The order will be
communicated to the Nagar Parishad.
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Subject to the above observations, the petition
is disposed of.
(R.M. Doshit, CJ)
(Jyoti Saran, J)
Pawan/-