SATYA NARAYAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) By this writ application the petitioner has prayed for issuance of a writ of mandamus commanding upon the respondent No. 4, District Panchayat Raj Officer, Aurangabad, to consider the name of the petitioner for approval of his appointment on the post of Dalpati of Parsa Gram Panchayat as per the decision taken by the Executive Committee of the said Gram Panchayat dated 26 -12 -1996, treating his date of birth as 2 -1 -1970.

(3.) Learned Counsel for the petitioner submitted that Executive Committee of the Gram Panchayat vide resolutions dated 26 -12 -1996 and 28 -10 -1996, as contained in Annexure -5, selected the petitioner for appointment as Dalpati and the matter was sent to the Black Development Officer, Kutumba, for forwarding the same to the District Panchayat Raj Officer to accord approval in terms of Rule 4 of Bihar Panchayat Village Volunteer Force Rules, 1949 (hereinafter referred to as the Rules) and the Block Development Officer, Kutumba, in its recommended the case , of the petitioner for approval before the District Panchayat Raj Officer, Aurangabad, vide letter dated 20th January, 1997, as contained in Annexure -6, but till date no order has been passed by the District Panchayat Raj Officer either according approval or by declining the recommendation so far the petitioner is concerned.