BRAHMDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Raju Giri, the learned counsel for the petitioner, Mr. Sanjay Kumar, the learned counsel for the respondent no. 11 and Mr. Amit Bhushan, the learned counsel for the respondent nos. 2 to 10.

(2.) Pursuant to an advertisement in the year 2006 for appointment of Panchayat Teachers in Raj Bisharia Mohim Bujurg Gram Panchayat, Kusheshwar Asthan in the district of Darbhanga, the petitioner and the respondent no. 11 had applied. The petitioner had applied in the category of physically disabled person and had more marks than the respondent no. 11. Despite that, when respondent no. 11 was appointed on the said post, he had made a complaint before the appropriate authority leading to the constitution of a Two Men Enquiry Committee. The enquiry was held but a joint report of the enquiry was submitted under the signature of the Block Education Officer and the Block Development Officer. The rules in that regard indicated that the authority to conduct the enquiry was only the Block Development Officer. However, as a result of the aforesaid enquiry, the petitioner was appointed on the post of Panchayat Teacher in place of respondent no. 11.

(3.) The respondent no. 11 thereafter approached this Court vide C.W.J.C. No. 3941 of 2008 and challenged such appointment of the petitioner on the ground that before the next date fixed in the enquiry, the report was submitted under the joint signature of the B.D.O. and B.E.O. the latter not being the concerned authority for being part of the enquiry. On such ground and on another petition on similar ground having been allowed, this Court quashed the appointment of the petitioner (Brahmedeo Yadav) and permitted the State to start to a fresh proceeding in case it was deemed necessary and the respondent no. 11 was directed to be reinstated in service with all consequential benefits.