IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.570 of 2010 1. NARENDRA KUMAR SINGH S/O LATE ARJUN SINGH R/O VILL- MANHAR, PO- BANSH GOPAL, UNDER GRAM PANCHYAT- ANDHAR BARI, P.S AND BLOCK- RAJAULI, DISTT- NAWADA 2. AJAY KUMAR S/O LATE BINDA SINGH R/O VILL-P.O AND GRAM PANCHAYAT FATEHPOUR, P.S AND BLOCK- AKBARPUR, DISTT- NAWADA 3. VINAY KUMAR S/O SRI NAVAL SINGH R/O VILL & GRAM PANCHAYAT BHADSENK, P.S AND BLOCK- HISUAA, DISTT- NAWADA Versus 1. THE STATE OF BIHAR 2. DEEPAK PRASAD, THE PRINCIPAL SECRETARY/SECRETARY, THE DEPARTMENT OF PANCHAYATI RAJ, GOVT. OF BIHAR, PATNA 3. SRI AWDHESH KR. SINGH, THE COMMISSIONER MAGADH DIVISION, GAYA 4. SRI MAHSAD HASAIN, THE DISTRICT MAGISTRATE, NAWADA- CUM-CHAIRMAN, DISTRICT PANCHAYAT SWEAK SELECTION COMMITTEE, NAWADA 5. SRI RAMJEE PD. SINGH, THE DEPUTY DEVELOPMENT COMMISSIONER, NAWADA-CUM-VICE CHAIRMAN, DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, NAWADA 6. SRI RANJAN JHA THE DISTRICT PANCHAYAT OFFICER, WEST CHAMPARAN, NAWADA-CUM-MEMBER SECRETARY DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, NAWADA 7. AMRENDRA NARAYAN SINGH, THE CHAIRMAN/SECRETARY, BIHAR STATE STAFF SELECTION COMMISSION, PO- VETENARY COLLEGE, PATNA ----------- 03. 23.02.2011 Heard learned counsel for the petitioner and for the opposite parties. The order on the writ petition notices that the impugned order dated 21.4.2009 was more an act of frustration by the District Magistrate, when the Commissioner refused to respond to his request for clarifications on the appointments. A show cause is stated to have been filed on behalf of the Commissioner on 17.2.2011. It is not on record. The office shall place it on record. 2 Learned counsel for the State submits that the Commissioner by Annexure-B has approved the panel as sent by the District Magistrate. The District Magistrate in his query dated 21.4.2009 had sought clarifications for appointments of four reserved candidates in absence of vacancies. Annexure-B appears to be silent on this aspect. If a proceeding was pending before this Court, the Commissioner was expected to act more responsibly by passing an order which should have been reasoned and speaking. The District Magistrate seeks clarifications with regard to four reserved category candidates and non-availability of vacancies. The Commissioner says that the roster for vacancies is approved. The Commissioner by mindless action only creates more confusion by his own order without answering the queries of the District Magistrate. The Court is satisfied that the Commissioner has willfully flouted the order of the Court and adopted a rather cavalier attitude. But the Court refrains from initiating contempt proceedings against him. The query of the District Magistrate shall now be decided by the Secretary, Department of Panchayati Ra,j who shall proceed to pass final clarificatory order in the nature of the queries made by the District Magistrate within 3 a maximum period of four weeks from the date of receipt/production of a copy of this order before him. The court passes this order in the fond hope that the Secretary shall not create the same confusion generating litigation as the Commissioner. The contempt application stands disposed. P.K. ( Navin Sinha, J.)