STATE OF BIHAR Vs. AMOD KUMAR SINGH

JUDGEMENT

(1.) WE have heard learned Counsel for the appellant -original respondent -State. After condonation of the delay at the admission stage, we have, dispassionately, considered the factual matrix emerging from the record of the present case coupled with the content and colour, the text and tenor of the impugned judgment recorded by the learned Single Judge in CWJC. No. 7652 of 2002, Reported in 2005(2) PLJR 1 on 19th January, 2005 and we are satisfied that the direction contained in the impugned judgment is upon the consideration of the facts and circumstances and the hearing of the parties has been quite in furtherance of and in consonance with the earlier Division Bench decision of this Court in CWJC. No. 11078 of 1996 recorded on 4.12.1996, wherein the entire mechanism for the working is indicated and highlighted and for that the process to fill up the vacant posts of Panchayat Sewak (Secretary) within the District of Gopalganj has been directed to be completed within the period of 4 months from the date of the receipt/production of a copy of the impugned judgment.

(2.) IN our view, the apathetic and indifference manifested by the administration is writ large and that is reason why the original petitioners -respondents had to knock the doors of justice by invocation of the provision of Article 226 of the Constitution of India and the learned Single Judge has, rightly, given the direction. We have yet to comprehend as to why and how the State has chosen to come up in this Letters Patent Appeal questioning the legal and validity of such impugned order. Be that as it may, at this stage, this will suffice that if the screening or evaluation of the merits of such order for questioning in the higher forum are, properly, taken up, we are sure that so many avoidable such litigations could be thwarted and prevented at the entry door, which will, definitely, help the administration of justice to deal with the unbreakable backlog and the long legal voyage placing through legal conjoins could be expedited.

(3.) IN the result, the Letters Patent Appeal shall stand dismissed at the threshold.