IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16299 of 2009 1. AJIT KUMAR S/O SHRI HALKHORI RAI R/OVILL PAIJHMA, P.S.GHOSWARI, DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE BLOCK DEVELOPMENT OFFICER BLOCK GHOSWARI, DISTT- PATNA 3. THE (D.M.) DISTRICT MAGISTRATE, PATNA 4. THE (S.D.O.)SUBDIVISIONAL OFFICER PATNA 5. THE SECRETARY PANCHAYATI RAJ BIHAR, GOVT. PATNA OLD SECRETARIATE, PATNA 6. THE SARPANCH MUNMUN DEVI GRAM KHACHARI PAIJMA, DISTT- PATNA ----------- 2. 7.1.2010 Heard learned counsel for the petitioner and the State. The petitioner claims to have been selected and joined as a Secretary, Naya Mitra in the Ghoswari Block, Paijna Panchayat. On 3.6.2008, a show cause notice was issued to the Sarpanch by the Block Development Officer with regard to the appointment of the petitioner in preference to one Sanjit Kumar who allegedly had more marks than the petitioner. The Sarpanch replied that Sanjit Kumar was required to join duty by 7.2.2008 but he came to join after expiry of time in May, 2008. There is no order on record terminating the service of the petitioner from the post of Naya Mitra neither has Sanjit Kumar been made a party respondent. The pleadings are inadequate for this Court to arrive at any conclusion either in favour or against the petitioner vis-à-vis the aforesaid Sanjit Kumar. 2 The petitioner has already represented before the District Magistrate by Annexure-7. He has also reiterated therein that the aforesaid Sanjit Kumar did not submit his joining in time. These are matters to be factually verified by the District Magistrate from the records. Let the same be done and the representation disposed by a reasoned and speaking order, after hearing all concerned including the aforesaid Sanjit Kumar, within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar (Navin Sinha, J.)