IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3557 of 2008 RENU DEVI, WIFE OF SRI MORARJEE PASWAN, RESIDENT OF VILLAGE DHANA TOLA, POST OFFICE KAB, POLICE STATION RANI TALAB, DISTRICT PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRTE, PATNA 3. THE DISTRICT PANCHAYAT RAJ OFFICER, PATNA 4. THE BLOCK DEVELOPMENT OFFICER, DULHIN BAZAR, DISTRICT PATNA 5. THE NODAL OFFICER –CUM- BLOCK PANCHAYAT RAJ OFFICER, DULHIN BAZAR, DISTRICT PATNA 6. THE SARPANCH, GRAM KATCHAHARI, DHANA NISARPURA, BLOCK DULHIN BAZAR, DISTRICT PATNA 7. USHA KUMARI, WIFE OF INDRAJEET PASWAN, RESIDENT OF VILLAGE DHANA TOLA, POST OFFICE KAB, POLICE STATION RANI TALAB, DISTRICT PATNA ----------- 2 8.4.2011 The petitioner is claiming appointment on the post of Secretary of Gram Panchayat, Thana Nisarpur, Gram Panchayat Raj, Village Dahanatola, P.S. Kab, P.S. Rani Talab, District Patna. The petitioner claims that she submitted two forms along with testimonial on 22.8.2007 and thereafter the proceeding with respect to the selection process took place which is contained in Annexure-A to the counter affidavit. As far as the candidature of the petitioner is concerned, it has been mentioned in the proceedings that she was elected as a Panch in the village and as such she was not entitled under the Bihar Gram Katchahry (Employment, Service conditions and Duties) Rules, 2007 to apply for the post. The petitioner at the time of selection has mentioned that she had tendered her resignation as a Panch. The counter affidavit and the proceedings indicate that the petitioner had submitted her resignation letter to the Block Development Officer on 20.9.2007. Rule 98 of the Bihar Gram Katchahry (Employment, Service conditions and Duties) Rules, 2007 indicates that the resignation letter ought to be submitted to the Sarpanch of the village. It is said that the resignation letter would take automatic effect within seven days of its 2 submission. According to the petitioner she had submitted her resignation letter to the Mukhiya on 15.8.2007 which she has annexed as Annexure-2 to this writ application. The said annexure does not show receiving of the Sarpanch of the said letter. It has also been submitted that in fact the petitioner has submitted the letter contained in Annexure-2 to the Sarpanch, such letter ought to have been annexed with her application form or ought to have been produced at the time of counseling on 27.9.1991. The photo copy of the proceedings contained in Annexure-A to the counter affidavit does not indicate that the petitioner had produced the letter of the Sarpanch at the time of counseling or that she had annexed it along with her testimonial which she had filed on 22.8.2007. Prima facie these facts indicate that in fact the petitioner had not submitted her resignation to the Sarpanch. Annexure-2 has been denied in the counter affidavit however, this aspect of the matter can only be testified by the Sarpanch. In the result, this Court is not inclined to pass any order in favour of the petitioner. The only course open for the petitioner would be to file an application under Section 12 of the Bihar Gram Katchahry (Employment, Service conditions and Duties) Rules, 2007. This writ application is accordingly disposed of. Sanjay ( Sheema Ali Khan, J.)