MRINAL KANTI MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner against the order No. 4/98 dated 18th March, 1998 and 23rd August, 1998 whereby and whereunder direction was given and the given and the appointment of petitioner from the post of Dalpati was terminated.

(2.) THE order No. 4/98 dated 18th March, 1998 has been issued on the ground that there is no provision made for the post of Dalpati under the Bihar Panchayat Raj Act, 1993 which came into effect from 23rd August, 1993.

(3.) SIMILAR matter fell for consideration before a Division Bench of the Patna High Court in the case of Basudeo Besra V/s. Union of India and others, reported in 1996 (1) PLJR 261. In the said case, a Division Bench of Patna High Court held that the Bihar Panchayat Raj Act, 1993 was not applicable to the schedule areas including the districts of Ranchi, Dumka, Pakur, Rajmahal and Santhal Pargana and set aside the order of termination.