Patna High Court - Orders
Kalanand Sharma vs The State Of Bihar & Ors on 30 March, 2012
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2311 of 2012
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1. Kalanand Sharma Son Of Late Gulabh Chandra Sharma Resident Of
Village Baghwara P.O. Parmanandpur District - Madhepura
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Commissioner Saharsa
3. The District Magistrate Madhepura
4. The District Supply Officer Madhepura
5. The Sub Divisional Officer Undakishunganj Madhepura
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Mishra
Mr. Jitendra Kumar
For the Respondent/s : Mr. Ajay Bihari Sinha SC19
Mr. Suryakant Kumar, AC to SC 19.
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
2 30-03-2012Heard Counsel for the petitioner and the State.
The petitioner has challenged the order of the Sub Divisional Officer, Madhepura issued vide memo no. 88-2 dated 30.01.2010. The order of the Sub Divisional Officer, Madhepura is a reasoned order, rejecting the show cause of the petitioner.
Counsel for the petitioner objects to the last paragraph of the order wherein after passing the order, the matter was sent for approval before the District Level Selection Committee. It has been recorded in the order that the Collector has approved the cancellation. The argument is that the Collector is the Appellate Authority in such case and he is also the head of the District Level Selection Committee and such 2 Patna High Court CWJC No.2311 of 2012 (2) dt.30-03-2012 2/2 there is no meaning to the right to file the appeal as the District Magistrate has already pre-judged the issues by applying his minds by virtue of being the Chairman of the District Level Selection Committee.
The petitioner filed an appeal before the Collector, Madhepura and the Collector has passed the order as contained in Annexure-7 dated 23.12.2011.
Being a non-speaking order, this Court, therefore, directs that without being influenced by the earlier decision made by him as the Chairman of the District Level Selection Committee, the Collector should pass a fresh order.
It goes without saying that a functionary of the State while performing a quasi judicial function has to supplement his orders with reasons.
This matter is thus remanded to the Collector, Madhpura for re-hearing. Final order should be passed by the District Magistrate, Madhpura within a period of four months from the date of receipt/production of a copy of this order, which should be produced by the petitioner within a period of one month of its receipt.
This writ application is disposed of with the aforesaid observations and directions.
(Sheema Ali Khan, J) Prabhakar Anand/-