IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.219 of 2009 Ram Janam Mahto, son of Shri Ramprit Mahto, resident of village Bakarpur, P.O. Chak Sikandar, P.S. Raja Pakar, District Vaishali…………………………………………………………………Petitioner Versus 1. The State Of Bihar through the Commissioner, Patna Division, Patna. 2. The Collector-cum-District Magistrate, Patna. 3. The Nazarat Deputy Collector, Patna………………………………………………………..…………Respondents ----------- 2 07.04.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Learned counsel for the petitioner submits that the impugned order of the Collector dated 14.10.2008, as contained in Annexure-1, has been issued disengaging the petitioner as driver working on daily wages on the basis of the decision of a Three- Member Committee, as contained in Annexure- 15, which took decision adverse to him only on account of non-furnishing of relevant documents by the Collectorate through the check slip before it. He submits that there are some documents, particularly Annexure-4, an office order of the Deputy Development Commissioner, Patna dated 14.07.1994 engaging petitioner on daily wages in National Rural Employment Programme under 2 the orders of the Collector-cum-Chairman of the Programme. He submits that at least those documents have to be placed before the Committee by the Collectorate or the Committee ought to have called for specific documents in respect of services of the petitioner as available in the Collectorate. Since petitioner has not challenged the decision of the Committee as contained in Annexure-15 by which case of the petitioner was rejected finding it not covered by the parameters as laid down by the Constitution Bench of the Apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi (3) reported in 2006 (2) PLJR 363 (SC) for regularisation and copy of which was also communicated to the petitioner, this Court does not find that any ground is made out to quash the order of the Collector which was issued only in terms of the decision of the Committee. However, since at least one document is available on record which shows that the petitioner was engaged on daily wages under the orders of the Collector-cum-Chairman of the National Rural Employment Programme, 3 petitioner is given liberty to file a representation before the Collector, Patna with the said office order of the Deputy Development Commissioner and any other documents, which he may be in possession, in support of his case within four weeks from today and pray that the matter of the petitioner may be referred to the Committee for reconsideration in the light of the said documents. If such a representation is filed and the Collector is satisfied that the case of petitioner is fit to be reconsidered by the Committee, he shall pass appropriate orders in accordance with law on the same for the purpose. If the Collector is not satisfied with the representation filed by the petitioner and documents produced along with it, he shall pass a reasoned order and communicate the same to the petitioner. The writ application is disposed of with aforesaid observations and directions. BT (J. N. Singh, J.)