Jharkhand High Court
Sumitra Devi vs State Of Jharkhand & Ors. on 9 July, 2012
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 674 of 2005
Sumitra Devi ... ... ... Petitioner
Versus
State of Jharkhand & Ors. ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
For the Petitioner : Mr. Alok Lal, Advocate
For the State : Mr. Anshuman Kumar, J.C. to Sr. S.C. I
12/09.07.2012This Court, on 16.09.2010, has passed following order : "1. Having heard learned counsel for both sides and looking to the facts and circumstances of the case, it appears that the State of Jharkhand is supporting the case of the present petitioner to the effect that in a meeting held by Gram Sabha, Sonhatu, Ranchi respondent no.6 was wrongly selected for the post of "Shiksha Mitra"
under the scheme of "Serva Shiksha Abhiyan". It is contended by the counsel for the petitioner that respondent no. 6 is not a suitable candidate for the aforesaid post.
2. Counsel appearing for the State of Jharkhand is accepting this fact and has stated that it is true that respondent no. 6 is wrongly selected candidate, but they are unable to put the house in order. Knowingly fully well, the resolution passed by Gram Sabha is illegal.
3. Looking to the aforesaid facts, it appears that the State of Jharkhand is not power less Institution. State has all control upon the meeting of Gram Sabha. If anything which has been illegally decided by Gram Sabha, the high ranking officers of the State Government has all power to put the house in order.
4. Ms. Sarita Dadel, Deputy Director, Primary Education, Ranchi who is present before this Court is unable to point out anything that how Gram Sabha can be tackled by them.
5. In these circumstances, I hereby direct the Director, State Project Sarve Shiksha Abhiyan, Shyamali Colony, Doranda, Ranchi to handle the situation, so that illegal resolution passed by the Gram Sabha may be taken care of and appropriate direction may be given. It is expected from this high ranking officer that on or before the next date of hearing of the case, appropriate action will be taken and appropriate direction should be given to the aforesaid Gram Sabha.
6. The matter is adjourned on 30th September 2010".
Thereafter, this Court, on 09.01.2012, has passed following order : "1. I hereby, direct the State of Jharkhand through the Deputy Commissioner, Ranchi to file counter affidavit in this matter because it is contended by the counsel for the petitioner that despite the counter affidavit, filed by the respondents, the petitioner has not been given appointment. It appears from the latest counter affidavit, filed by one Sri Pradeep Kumar Choubey, S/o late Charu Chandra Choubey, District Programme Officer, Sarva Shiksha Abhiyan, Ranchi, that though the petitioner is selected, but, he is not given joining letter.
2. I therefore, direct the Deputy Commissioner, Ranchi to file his affidavit keeping in mind earlier affidavit, filed by the State.
3. The matter is adjourned to be listed after two weeks".
This Court, on 14.02.2012, has passed following order : "Learned counsel appearing for the petitioner seeks two weeks' time to file reply against the supplementary counteraffidavit filed on behalf of the respondent no.6 and more particularly, with regard to the allegations made in para3 of the said counteraffidavit. It appears that vide order dated 16.9.2010, this Court directed the Director, State Project Sarve Shiksha Ahiyan, Ranchi to handle the situation so that illegal resolution passed by the Gram Sabha can be taken care of and appropriate direction can be given. Having regard to the facts of the case, it is desirable that the matter is required to be examined by the senior officer at the level of Director and report in that regard be placed before this Court so that further appropriate order can be passed in the matter. Learned counsel appearing for the State requested that three weeks' time may be given to the State for the purpose of submitting the report.
Request is granted.
Put up this case after three weeks".
The Director, Jharkhand Education Project (Jharkhand Siksha Pariyojana), shall file his personal affidavit specifically stating therein as to what decision has been taken by the authorities pursuant to the orders passed by this Court as quoted in this order. He shall also show cause as to why appointment letter has not been issued to the petitioner as yet. He shall also clarify, if appointment of Respondent No. 6 was found to be forged, fictitious and against the law then, as to why suitable order was not passed as yet removing the Respondent No. 6 from the post.
Affidavit shall be filed within two weeks positively. If affidavit is not filed within two weeks, Director, Jharkhand Education Project (Jharkhand Siksha Pariyojana) shall appear in person in Court along with the entire record on the next date fixed.
List on 24.08.2012.
(Alok Singh, J.) Manish