BHAWESH KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) AFTER the death of the father, the petitioner made an application for the compassionate appointment, the appointment was refused for variety of the reasons, thereafter his case was reconsidered and a direction for appointment was issued in his favour. The petitioner thereafter joined the services on 27.8.2001. Under Annexure -6 the respondent no. 3 i.e. the Collector, Purnea cancelled the appointment observing that the petitioner can be appointed only after the approval and if relaxation of age is granted in his favour. The Collector thereafter referred the matter to the Commissioner of the Division on 27.8.2001. According to the petitioner nothing was done in the matter for more than one year and five months, therefore, he had to come to this Court. From the counter affidavit it appears that the Commissioner continued sleeping over this subject up to 5.3.2003 when he referred the matter to the Deputy Secretary of Personnel and Administrative Reforms Department for almost about five enjoying his hibernation and is not passing any order either on the queries made by the Commissioner or into the entitlement of the petitioner probably thinking that if he himself is getting his salary and is not facing any worldly problems then he is not required to do anything for anyone else. It is most unfortunate that the officers of different level working In this State are not upright and straight to their duties. They are simply sitting in their chambers and are enjoying the protection given by the Government including the salary. When they are appointed to a particular post then they are obliged to discharge the duties attached to said post and can not raise a defence that being overloaded with the work or because of paucity of time or some reasons akin to it orders are not being passed. If the Commissioner and Collector are answerable to their bosses then they are also answerable to public. In democracy the Government is of the people, by the people and for the people and the public servants are answerable to the public. Their salaries and emoluments are paid from the amount which is paid to the State Government through the public and the national income. The officers enjoying their hibernation in their ivory towers can not be exempted by the Court. In the present case I hereby direct the Deputy Secretary, Personnel and Administrative Reforms Department to pass orders in the matter of the present petitioner within two months from today. He shall also be obliged to tale into consideration the letter dated 9th July, 2001 issued by the Deputy Secretary of the said Department informing the District Magistrate, Purnea that in cases of such nature the age relaxation can be granted by the Commissioner himself. The Deputy Secretary shall pass orders in accordance with law and if he finds that the matter can be disposed of at Commissioners level then sioner with a direction to him that the said Commissioner shall pass final orders within 15 days from the date of receipt of records. The Deputy Secretary is hereby informed that any non -action on his part may expose him to a serious risk. The petition is accordingly disposed of.