IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1545 of 2010
SHARMILA KUMARI SINGH & ORS
Versus
THE STATE OF BIHAR & ORS
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4 13.8.2010 Perused the affidavit filed by Deputy Development
Commissioner, Patna. In para 5 it is stated that up to 30.6.2010, 536
applications for sanctioning of house rent allowance were received. Out
of which sanction letter in respect of 403 have been issued and 133
applications have been sent to the District Superintendent of Education,
Patna for proper verification. What is the nature of verification and why
is there any doubt, nothing is stated .Prima facie, once an application is
filed duly certified by the Headmaster/Principal of the school unless
there is some specific information available to the Deputy
Development Commissioner, there cannot be a verification. If such a
verification or re-verification is permitted on such privileged facts,
there will be no end to harass the poor school teachers. Before any
matter is sent for verification, Deputy Development Commissioner
should have to record an order as to why he wants a re-verification,
which it cannot be used as a tool to harass the petitioners. As apparent
from Annexure A, these 133 applications are sent to the District
Superintendent of Education for verification of the Distance Certificate .
To this Court it appears that Deputy Development Commissioner
himself is competent to verify the same or get it verified rather than
sent it to District Superintendent of Education, who has little to do with
these things. Being the Development Commissioner he should be in a
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better position to judge the correctness of distance .It should not be sent
for verification as a matter of routine. Only if there is serious doubt, it
should be done. All these this Court is observing because in this way an
application for small thing would get rotating from one office to
another requiring teachers visiting one office and another endlessly,
which, in fact, led to filing this writ petition.
Put up under the same heading on 20.8.2010 for further
compliance in view of statement as made in para 5 of the counter
affidavit.
singh (Navaniti Prasad Singh,J)