IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14779 of 2009
1. PREM KUMAR S/O LATE SUDHESHWAR SINGH R/O VILL.- PANDURA,
P.S. SANDHESH, DISTT.- ARRAH----------PETITIONER
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, ARRAH
3. THE BLOCK DEVELOPMENT OFFICER, SANDESH, ARRAH
4. SANT PRAKASH SINGH S/O SRI RAM PEYARE SINGH R/O VILL.-
PANDURA, P.S. SANDESH, DISTT.- ARRAH-------RESPONDENTS
-----------
4 18.1.2011 Heard learned counsel for the parties.
This writ application is being disposed of on a very
limited issue relating to objection which has been raised by the
petitioner that the District Magistrate of Ara had no jurisdiction to
pass any order at least contained in Annexure-1. By virtue of this
order he has held that the petitioner, namely, Prem Kumar has to
be removed from the post and Sant Prakash Singh, respondent
no.4 should be appointed on the post because of his date of birth.
Without going into the nitty-gritty of the findings
given by the District Magistrate and even if the submission made
by the counsel for the petitioner is correct, this writ application is
disposed of with a direction that the petitioner will move the
District Employment Appellate Authority challenging the order
passed by the Block Development Officer against which annexure-
1 came to be passed and the District Employment Appellate
Authority will hear both, the petitioner and the private respondent
no.4 and decide the issue. The decision rendered by the District
Magistrate may or may not be of any consequence in the light of
the fact that he had no jurisdiction to adjudicate the issue but the
reason will apply to either of the party. The District Employment
-2-
Appellate Authority is directed to adjudicate the issue at the
earliest provided the petitioner moves the authority within a period
of three weeks from today.
So far any interim order passed in this regard will
have no meaning now. The outcome of the adjudication will
govern the issue.
The status quo as prevailing today will be
maintained till the final order in this regard is passed by the
Appellate Authority.
This writ application is disposed of with the above
direction.
RPS (Ajay Kumar Tripathi,J.)