KAMESHWAR RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, petitioner has challenged an order of the Collector, Vaishali dated 19.02.2010 passed in his appeal no.28/ 2008-09, as contained in Annexure-2, by which, his appeal, against the order of the S.D.O. dated 19.05.2008, as contained in Annexure-1, has been dismissed.

(2.) The short facts of the case are that petitioner was appointed as Nyay Mitra on 19.03.2008. Respondent no.7 who was also a candidate filed his objection under Rule 12 of the Rules before the S.D.O. against the appointment of the petitioner. As per his case, in the merit list his name was at serial no. 14, whereas the name of the petitioner was at serial no.18. However, when he appeared before the Sarpanch on the date fixed for selection, he was asked by him to come on 26.03.2008. Hence, he went back. But after few days he came to know that, on 19.03.2008 itself, petitioner was appointed. Thereafter, he filed an application under R.T.I. Act on 24.03.2008 in respect to which he received formal communication that petitioner had been appointed on 19.03.2008 itself. Therefore, he filed his complaint before the S.D.O. on 21st of April, 2008. The compliant was heard and the S.D.O., who, by order dated 19.05.2008 allowed the complaint and cancelled the appointment of the petitioner. Against the said order, in terms of Rule 13 of the Rules, petitioner moved in appeal before the Collector which was considered and dismissed by the Collector by the impugned order, as contained in Annexure-2.

(3.) Learned counsel for the petitioner submits that before the S.D.O. petitioner was not heard. Hence it was not considered by the S.D.O. that, on 19.03.2008, the respondent had not appeared before the Selection Committee and, therefore, this petitioner was appointed. He also submits that the complaint of respondent no.7, filed before the S.D.O., was beyond time.