MADAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has questioned an order dated 14.03.2016 passed by the Sub Divisional Officer, Dhamdaha, Purnea, whereby his claim for his selection against the post of Gram Kachhari Secretary was turned down. The said order was passed by the Sub Divisional Officer in Case No. 15 of 2007 in the light of an order of this Court dated 11.01.2010 passed in C.W.J.C. No. 16463 of 2009. Aggrieved by the said order dated 14.03.2016, the petitioner had preferred an appeal in the Court of the District Magistrate, Purnea, giving rise to Misc. Appeal No.125 of 2016, which too has been dismissed by an order dated 08.03.2018. The order passed by the District Magistrate, Purnea, dated 08.03.2018, is also under challenge.

(2.) As has been noted, the present dispute arises out of a selection process undertaken for appointment as Gram Kachhari Secretary in Gram Panchayat Rangpura South, Dhandaha in the district of Purnea. It is the petitioner's claim that pursuant to notice inviting application for the said post, the petitioner had applied. A provisional panel, based on respective merits of the candidates, who had applied, was prepared. Objections were invited by persons aggrieved against preparation of the provisional panel in terms of the notice inviting applications. The panel was prepared by the Block Development Officer, in which the petitioner's name figured at Sl. No. 3 with 60.22% merits points to his credit. Respondent No.6 was placed at Sl. No. 1 with 64.22 marks in the matriculation examination. 24.09.2007 was the date fixed for the counselling when the respective candidates were required to be present before Gram Kachhari Committee. It is further case of the petitioner that when a meeting was held on 27.09.2007 of Gram Kachhari Committee, Rangpura South under the chairmanship of respondent No.5, the persons at Sl. No. 1 and Sl. No. 2 of the merit list were absent and accordingly the petitioner was selected for the said post and a decision to this effect was communicated to the Block Development Officer (respondent No.4), by respondent No.5. An appointment letter was issued in petitioner's favour on 30.09.2007, pursuant to which the petitioner submitted his joining on 01.10.2007.

(3.) The above noted development resulted into filing of a complaint petition by respondent No.6 bearing Complaint Case No. 15 of 2007 on 26.12.2007 before the Sub Divisional Officer, Dhamdaha, Purnea, questioning the selection of the petitioner as Gram Kachhari Secretary and claiming his right to be selected and appointed against the said post on the basis of his superior merit. By an order dated 10.03.2008, the Sub Divisional Officer allowed the complaint filed by respondent No.6 and directed the selection committee to proceed in accordance with the merit list. The petitioner, being aggrieved with the decision of the Sub Divisional Officer dated 10.03.2008, in Complaint Case No.15 of 2007 filed an appeal before the District Magistrate, Purnea, giving rise to appeal No. 29 of 2009, which was rejected by an order dated 01.07.2009.