IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1114 of 2005 In (CIVIL WRIT JURISDICTION CASE 8629/2000) 1. SRI SHANKAR PRASAD S/O SRI GANOURI PRASAD R/O VILLAGE-TEUS, P.S. BARBIGHA, DISTT- SHEKHPURA 2. SRI ASHWANI KUMAR MISHRA, S/O SRI RAMA SHANKAR MISHRA, R/O- VILLAGE+ P.O. BAHADURPUR, P.S. SABOUR, DIST- BHAGALPUR 3. SRI PAWAN KUMAR SINHA S/O LATE RAM CHANDRA PRASAD SINHA, R/O VILLAGE- BHARATKHAND NAYAWAS, P.S. AND DISTRICT- KHAGARIA 4. SRI RAJESH KUMAR S/O SRI AMRENDRA PRASAD SINHA, R/O VILLAGE- YOGIRAJ, P.S. CHOUSA, DISTRICT- MADHEPURA 5. SRI NILESH KUMAR SHARMA S/O SRI UMESH PD. SHARMA R/O VILLAGE- BARAMASIA, P.S.- AMARPUR, DISTT- BANKA 6. SRI YOGENDRA KUMAR CHOUBEY S/O SRI RAMAKANT CHOUBEY, R/O VILLAGE- CHOUBEPUR, P.S.- DAWAT, DISTT- ROHTAS 7. MD. HARUN S/O MD. KHALIK, R/O VILLAGE- NAYA GAON, P.S.- BARARI, DIST. BHAGALPUR 8. SRI MANOJ KUMAR SINGH NO.2 S/O SRI RAM DEO SINGH R/O VILLAGE GOCHASA, SHEKHPURA, P.S.- PANDARAK, DISTRICT- PATNA 9. SRI PREM KUMAR MISHRA, S/O SRI RAM CHANDRA MISHRA, R/O VILLAGE UTROUN, P.S. KONCH, DISTRICT- GAYA 10. SRI MUSTAQUE AHSAN, S/O OVESH AHASAN R/O VILAGE- MALIKTOLA, P.S. + DIST. BANKA 11. SRI RANG NATH MISHRA S/O SRI RAM NARESH MISHRA, R/O VILAGE- ANSTI, P.S. KONCH, DISTRICT- GAYA 12. SRI RAJ KUMAR MISHRA S/O SRI SHRIDHAR MISHRA R/O VILLAGE- KHAJARPUR, P.S.- BARARI, DISTRICT- BHAGALPUR 13. SRI SHIV KUMAR MISHRA S/O SRI BHRIGU NATH MISHRA R/O VILLAGE- UTROUN, P.S. KONCH, DISTRICT- GAYA 14. SRI RAM BAHADUR PANDEY S/O SRI RAM SAHORAT PANDEY, R/O VILLAGE JOGIYA, P.S.-LALIYA, DISTT. GONDA 15. SRI REVATI KANT PATHAK S/O SRI RAJENDRA PATHAK, R/O VILLAGE- MUTINAGAR, P.S.- DANAPUR, DISTT.- PATNA 16. SRI ANJANI KUMAR SINHAS/O LATE NARSINGH PRASAD SINGH, R/O- VILLAGE- SHAHPUR, P.S. NATHNAGAR, DISTT- BHAGALPUR 17. SRI RAJIV KUMAR RAI S/O SRI RAM CHANDRA RAI, R/O- VILLAGE- SHAHPUR, P.S. NATHNAGAR, DISTT. BANKA 18. SRI ASHOK KUMAR SINGH S/O SRI MOULA PD. SINGH, R/O VILLAGE- VISHANPUR, P.S.- BANKA, DISTT. BANKA 19. SRI KASHI NATH MISHRA, S/O RADHA MOHAN MISHRA, R/O VILLAGE- KHATOUGI, P.S. KURTHA, DISTT. JEHANABAD 20. SRI MANOJ KUMAR SINGH NO.3 S/O YAMUNA SINGH R/O VILLAGE- RATANPUR, P.S. JADISHPUR, DIST.- BHOJPUR 21. SRI PRAMOD TIWARI S/O SRI SACHCHDANAND TIWARI, R/O VILLAGE JHANGAHI, P.S.- GADHWAL, DISTT. BALIA 22. SRI DADAN TIWARI S/O LATE RACHDHARI TIWARI R/O 2 VILLAGE- DHODHANDIH, P.S. KAUWA, DISTT. ROHTAS. 23. SRI PRAFUL CHANDRA MISHRA, S/O SRI BHRIGU RASHAN MISHRA, R/O- VILLAGE DHARANKTA, P.S.- KATEYA, DISTT. GOPALGANJ 24. SRI AKHILESH KUMAR SINGH S/O SRI KAPILDEO SINGH R/O VILLAGE- DAHIWAR, P.S.- AND DISTRICT- BUXAR 25. SRI SANJAY KUMAR SINGH S/O SRI BHUVANESHWAR SINGH R/O VILLAGE- KHUDARA, P.S. GAHWAR, DISTRICT- HAJIPUR 26. SRI RAMESH KUMAR CHOUDHARY S/O SRI RAM SWARATH CHOUDHARY, R/O VILLAGE- HAROULI, P.S.- SATIGHAT, DIST. DARBHANGA 27. SRI NARENDRA KUMAR SHAHI S/O SRI SURYA BHAN SHARMA, R/O- VILLAGE- PITAMBARPUR, P.S. GHOSHI, DISTRICT- JEHANABAD 28. SRI BAIJU TIWARI S/O SRI SHAMBHU NATH TIWARI R/O VILLAGE- NINAKUDHA, P.S. PALIGANJ, DISTT. PATNA 29. SRI BALANAND BRAHMCHARI, S/O SRI BEDI LAL TIWARI, R/O VILLAGE- ANANTPUR, P.S. GHOSHI, DISTRICT- JEHANABAD. 30. SRI SATISH KUMAR S/O SRI SHAMBHU NATH TIWARI R/O VILLAGE- NINAKUDHA, P.S. PALIGANJ, DIST. PATNA 31. SRI SUSHIL KUMAR JYOTI S/O SRI SITA SHARAN SHARMA R/O VILLAGE- KATARBIGAHA, P.S.-EKANGARSARAI, DISTT. NALANDA 32. SRI RAMA KANT SINGH S/O SRI KUSHESHWAR SINGH R/O VILLAGE- HAROUL, P.S.- MOHIDINAGAR, DISTT. SAMASTIPUR 33. SRI SUNIL KUMAR SINGH S/O MADHU MANGAL SINGH R/O VILLAGE- SHAHPUR, P.S.- SONPUR, DISTRICT- CHAPRA 34. SRI RAM SAGAR SINGH S/O RAM ANUJ SINGH R/O VILLGE- HAROUL, P.S. MOHIDI NAGAR, DISTRICT- SAMASTIPUR 35. SRI UMESH KUMAR SINHA S/O SRI VIRENDRA KUMAR GOUTAM, R/O- VILLAGE- AMARPUR BANDIYA, P.S. MAKHDUMPUR, DISTT. JEHANABAD 36. SRI MANOJ SHANKAR JHA S/O SRI SRI NARAYANESH JHA R/O VILLAGE- MISI, P.S. BAKHTIARPUR, DISTT. PATNA 37. SANJAY KUMAR PANDEY S/O SRI NAGESHWAR PANDEY, R/O VILLAGE- SHITALPUR, P.S. VARIYARPUR, DISTRICT- SARAN 38. SRI SARVDEO PANDEY S/O SRI RAM SURAN PANDEY R/O VILLAGE- SINARI HALWAGHATTI, P.S.- VIKRAM, DIST. BUXAR 39. SRI DIWAKAR CHOUDHARY S/O LATE SURYA NARAYAN CHOUDHARY, R/O- VILLAGE MOHADINAGAR, P.S. AMARPUR, DIST. BANKA 40. SRI ASHIM KUMAR SINHA S/O SRI ARJUN KUMAR SINHA, R/O VILLAGE- NIRALANAGAR, P.S. AND DISTT. MUZAFFARPUR 41. SRI BRAJ KISHORE RAI S/O SRI AWADH KISHORE RAI R/O VILLAGE- GOPALPUR, ABHYUDAY ASHRAM, P.S.- AMARPUR, DISTT. BHAGALPUR 42. SRI DILIP KUMAR JHA S/O SRI DEO NARAYAN JHA, R/O VILLAGE- KUMARPUR, P.S. BARIYARPUR, DISTT. MUNGER. 43. SRI HARENDRA PRASAD SINGH S/O SRI RAJDEV PD. SINGH, R/O- VILLAGE RAMPUR BHASON, P.S. SAKARA, DISTT. MUZAFFARPUR. 44. MD. UMAR KHAN S/O MD. YASIN KHAN, R/O VILLAGE- 3 JAMHAROO, P.S. PALIGANJ, DIST. PATNA 45. MD. NOUSAD S/O MD. SABIR, R/O VILLAGE- WARAHPURA, P.S. TOWN, DISTT. BHAGALPUR 46. SRI VINAY KUMAR S/O NAWAL KISHORE SINGH R/O VILLAGE- MASODHA, P.S. AND DISTRICT- LAKHISARAI 47. SRI VINOD KUMAR SINGH S/O SRI KRISHNA NANDAN SINGH R/O VILLAGE- MOHANPUR, P.S.- LAXMIPUR, DISTRICT- JAMUI 48. SRI PREM KUMAR SINGH S/O SRI BHOLA PD. SINGH R/O VILLGE- SHAHPUR, P.S.- NATHNAGAR, DISTT. BHAGALPUR 49. SRI AMRESH KUMAR SINGH S/O LATE GANESH PD. SINGH R/O VILLAGE- VISHANPUR, P.S. & DISTT. BANKA 50. SRI NAVIN KUMAR S/O SRI SATYA NARAYAN SINGH R/O – VILLAGE- GOVINDPUR, P.S.- HULASGANJ, DIST. JEHANABAD 51. SRI VITESHWAR TIWARI S/O SRI JAGDISH TIWARI R/O VILLAGE- SHIVPUR, DYODHI, P.S. SANDESH, DISTT.- JEHANABAD 52. SRI VINOD KUMAR S/O SRI BAIKUNTHA SHARMA, R/O VILLAGE- HAJANPUR, P.S. SAKURAWAD, DISTT.- JEHANABAD 53. SRI MITHILESH SHARMA S/O SRI NATHUNI SINGH, R/O VILLAGE- PITAMBARPUR, P.S. GHOSI, DISTT. JEHANABAD. 54. SRI BRAHMDEO DIKSHIT S/O SRI RAM NATH DIXSHIT R/O VILLAGE- NANDAN TALAB, P.S. NAINI, DISTT. ALLAHABAD 55. SRI NASARUDIN S/O MD. KALIN UDDIN, R/O VILLAGE- MIRJAPUR BARDE, P.S.- MUFFASIL, DISTT. MUNGER. 56. SRI SHATRUGHAN SINGH S/O SRI MANGAL SINGH R/O VILLAGE- UDWANTNAGAR, P.S.+ DISTT. BHOJPUR 57. SRI RANDHIR KUMAR SINGHA S/O SRI PARMANAND CHOUDHARY, R/O VILLAGE- MOJNABAD, P.S. BIHPUR DISTT. BHAGALPUR 58. SRI RAM NARESH SHARMA S/O SRI BACHCHAN SHARMA, R/O VILLAGE- BANKIPUR, P.S. MAKHDUMPUR, DISTT. JEHANABAD 59. SRI PARVIN KUMAR S/O SRI BHOLA PRASAD SINGH R/O VILLAGE- ITAHARI, P.S. NAYA RAMNAGAR, DISTT. MUNGER. 60. SUBODH KUMAR SUMAN S/O SRI RAM BALLABH PD. SINGH R/O VILLAGE- MSUR, P.S. BARBIGHA, DISTT. SHEIKHPURA 61. SRI ANIL KUMAR ANAL S/O SRI RAJNITI PD. SINGH, R/O VILLAGE NAUR, P.S. BARBIGHA, DISTT. SHEKHPURA 62. SRI ANIL KUMAR SHARMA S/O SHRI PARSHURAM SHARMA R/O VILLAGE- RAMPUR, P.S. EKANGAR SARAI, DISTT. NALANDA 63. SRI JYOTI JHA S/O SRI CHANDRA KISHORE JHA, R/O RMPUR, P.S. MURLIGANJ, DISTT. MADHEPURA 64. SRI VISHWAMITRA SINGH S/O SRI DAYA SHANKAR SINGH, R/O VILLAGE- KONWAN, P.S. KURANSARAI, DISTT. BUXAR 65. MD. INAMUL HUDA, S/O MD. SHAMSHUL HUDA, R/O VILLAGE BASDEVPUR NEAR STATE BANK, P.S. TOWN, DISTRICT- MUNGER 66. SRI BARISTAR PANDEY S/O LATE GANESH PANDEY R/O VILLAGE-CHANDPUR, P.S. BANIYAPUR, DISTT. CHAPRA 67. SRI AMAR KANT THAKUR S/O SRI MAHEH THAKUR, R/O VILLAGE CHAINPUR, P.S. BANIYAPUR, DISTT. CHAPRA 68. SRI AJAY KANT JHA S/O SRI NAWAL KISHORE JHA R/O 4 VILLAGE BASOUNA, P.S. AND DISTT. SAHARSA 69. SRI DILIP KUMAR JHA S/O SRI ARUN JHA, R/O VILLAGE KHAGARIA, P.S. DHEORAIYA, DISTT. BANKA 70. SRI JAY DEV SINGH S/O SRI RAM LAXCHAN SINGH, R/O VILLAGE NARHAR CHAMARI PATTI, P.O. NARHARPUR, DISTT. CHAPRA 71. SRI RAKESH KUMAR SINGH S/O SRI ARJUN PD. SINGH, R/O VILLAGE VINDOLI, P.S. MORICHAK, DISTT. PATNA 72. SRI JITENDRA KUMAR S/O SRI RAGHO YADAV, R/O VILLAGE MOHADINAGAR, P.S. AMARPUR, DISTT. BANKA 73. SRI DAYANAND KUMAR YADAV S/O SRI JITAN PD. YADAV, R/O VILLAGE GANDHIPUR, P.S. BARIYARPUR, DISTT. MUNGER 74. SRI BATESHWAR PD. YADAV S/O SRI CHANE YADAV, R/O VILLAGE- AMIYACHAK, P.S. SULTANGANJ, DISTT. BHAGALPUR 75. SRI MANOJ KUMAR YADAV S/O SRI RAM AYODHYA PD. YADAV R/O VILLAGE CHHOTKA TELWA RAWAT ROY TOLA, P.S. TOWN, CHAPRA DISTT. CHAPRA 76. SRI AJAY KUMAR S/O SRI JAWAHAR PRASAD, R/O VILLAGE NAINI, P.S.CHAPRA, DISTT. SARAN (CHAPRA) 77. SRI S.K. SANJIV, S/O SRI NARAYAN YADAV, R/O VILLAGE- BAIDACHAK, P.S. & DISTT. BANKA 78. SRI SATISH KUMAR S/O SRI HARI KISHORE PRASAD, R/O VILLAGE CHAKKADIH, P.S. & DISTT. BANKA 79. SRI HARE KRISHNA YADAV S/O SRI RSULI PRASAD YADAV, R/O VILLAGE- P.S. BARAHAD, DISTT. BANKA 80. SRI NAGENDRA KUMAR SINGH S/O SRI MODI SINGH R/O VILLAGE SUWAR MATYA PURVI, P.S. MANER, DISTT. PATNA 81. SRI DHANESHWAR YADAV, S/O LATE NARAYAN YADAV, R/O VILLAGE- MOHADINNAGAR, P.S. AMARPUR, DISTT. BANKA 82. SRI ASHOK KUMAR YADAV, S/O SRI SHAMBHU YADAV, R/O VILLAGE SARDARPUR, P.S. NATHNAGAR, DISTT. BHAGALPUR 83. SRI SANJAY KUMAR S/O SRI BINDESHWARI PRASAD YADAV, R/O VILLAGE NAYA CHHAWANI, P.S. BARIYARPUR, DISTT. MUNGER. 84. SRI DHARMDEO PD. YADAV, S/O SRI BINDESHWARI PD. YADAV, R/O VILLAGE ENGLISH, P.S. SABOUR, DISTT. BHAGALPUR 85. SRI RAM SURESH YADAV, S/O SRI GANESH YADAV, R/O VILLAGE ENGLISH, P.S. SABOUR, DISTT. BHAGALPUR 86. SRI RAJ NATH RAI S/O SRI NANHAKU RAI, R/O VILLAGE MAHUWABAG, P.S. DANAPUR, DISTT. PATNA 87. SRI VAKIL PD. YADAV S/O SRI RAJAPATI YADAV, R/O VILLAGE HARUDIYARA, P.S. KASHIMNAGAR, DISTT. MUNGER 88. SRI RAMESH KUMAR YADAV S/O SRI RADHA KRISHNA YADAV, R/O VILLAGE MUDALPUR, P.S. PAWAN SANDESH, DISTT. BHOJPUR 89. SRI VIJAY KUMAR SINGH S/O SRI RAM CHANDRA SINGH, R/O VILLAGE SHITAL BIGHA, P.S. BODHARA, DISTT. AURANGABAD 90. SRI ASHOK KUMAR MANDAL S/O SRI SJAY LAL MANDAL, R/O VILLAGE KARKA, P.S. SABOUR, DISTT. BHAGALPUR 91. SRI DILIP KUMAR MANDAL S/O SRI BABU LAL MANDAL R/O 5 VILLAGE- KARKA, P.S. SABOUR, DISTT. BHAGALPUR 92. SRI RAJ KISHORE MANDAL S/O SRI SITA RAM MANDAL, R/O VILLAGE AWAPUR, P.S. KAHALGAON, DISTT. BHAGALPUR 93. SRI RAJU PRASAD S/O SRI BAHADUR PRASAD, R/O VILLAGE BABUCHAK, P.S. ISHQUECHAK, DISTT. BHAGALPUR 94. SRI SURESH PRASAD S/O SRI MAMAL PRASAD R/O VILLAGE JAYARIPUR, P.S. BARARI, DISTT. BHAGALPUR 95. SRI ARUN MISTRI, S/O SRI NAYAN MISTRI R/O VILLAGE KHATANI, P.S. KURTHA, DISTT. JEHANABAD 96. SRI PUNYADEO PRASAD S/O SRI GAYA RAM, R/O VILLAGE LALGAON SHEHARA, P.S. PALIGANJ, DISTT. PATNA 97. SRI RAJESH KUMAR VERMA S/O LATE NATHU RAM R/O VILLAGE BAKSIDIH, P.S. & DISTT. GIRIDIH 98. SRI RABINDRA KUMAR S/O SRI RAM LAL MAHTO, R/O VILLAGE- ASHANI, P.S. RASULPUR, DISTT. SARAN 99. SRI AJAY KUMAR BHAGAT S/O SRI JAGDISH BHAGAT, R/O VILLAGE-AMARPUR, P.S. AMARPUR, DISTT. BANKA 100. SRI SANTOSH KUMAR S/O SRI SURESH MISTRI, R/O VILLAGE- KUKURWAR, P.S. EKANGARSARAI, DISTT. NALANDA 101. SRI KRISHNA PRASAD S/O SRI VISHU RAM, R/O VILLAGE- RANIPUR, P.S. TELHARA, DISTT. MUNGER 102. SRI NAKUL KUMAR S/O SRI ARJUN PRASAD SINGH, R/O VILLAGE- HASANGAON, P.S. KASHIM BAZAR, DISTT. MUNGER 103. SRI VIKAS KUMAR S/O SRI ARJUN PRASAD SINGH, R/O VILLAGE- HASANGAON, P.S. KASHIM BAZAR, DISTT. MUNGER 104. SRI ANIRUDHA PANDIT S/O SRI MADHAV PANDIT, R/O VILLAGE- ENGLISH MOKINPUR, P.S. SHAHKUNDI, DIST.. BHAGALPUR 105. SRI REWATI KANT MANDAL S/O SRI RAGHO MANDAL, R/O VILLAGE- RAMNAGAR, P.S. SABOUR, DISTT. BHAGALPUR 106. SRI JAY PRAKASH MANDAL S/O SRI BABU LAL MANDAL, R/O VILLAGE- KANKA, P.S. SABOUR, DISTT. BHAGALPUR 107. SRI HARENDRA PD. SINGH S/O SRI BENI LAL SINGH, R/O VILLAGE- GOPALPUR, P.S. BAHADURPUR, DISTT. KISHANGANJ 108. SRI DINESH CHANDRA MALAKAR S/O SRI UTIM LAL MALAKAR, R/O VILLAGE- HIGNA, P.S. RANIGANJ, DIST. ARARIYA 109. SRI JAGAT KUMAR TANTI, S/O SRI HIRA LAL TANTI, R/O VILLAGE MUSAHAR, P.S. NAYA RAMNAGAR, DISTT. MUNGER 110. SRI CHHOTE LAL RAUT, S/O SRI KISHUN RAUT, R/O VILLAGE- JATWAR ROAD, WARD NO. 6, P.S. DEOGHAR, DISTT. DEOGHAR 111. SRI LAXMI NARAYAN THAKUR S/O SRI TARANI PRASAD THAKUR, R/O VILLAGE- RAMPUR, P.S. MUFFASIL KATIHAR, DISTT. KATIHAR 112. SRI SUNIL SAH S/O SRI DOULAT SAH, R/O VILLAGE- DHORADEV, P.S. MUFFASIL, DISTT. BHOJPUR 113. SRI RAM BARAN SAH S/O SRI SHIV CHARAN SAH, R/O VILLAGE- MILKICHAK, JAHINGAR, P.S. RAMNAGAR, DISTT. MUNGER 114. SRI RAM SHARAN PASWAN S/O SRI HIYALSI PASWAN R/O VILLAGE- HARIJAN KALYAN TOLA, P.S. BARIYARPUR, DISTT. MUNGER 6 115. SRI MATAR HAJRA, S/O MUKTI HAJRA, R/O VILLAGE- BHELTTARN, P.S. BARUBADA, DISTT. DHANBAD 116. SRI SHIV PRASAD S/O PARDESHI PRASAD, R/O VILLAGE- SIHULIYA, P.S. EAROULI BAZAR, DISTT. DEWARIYA 117. SRI KAMLESH RAM S/O SRI RAMKESHWAR RAM, R/O VILLAGE- SIYORI, P.S. RASULPUR, DISTT. CHAPRA 118. SRI PATEL PASWAN S/O SRI TARINI PASWA, R/O VILLAGE- JAMINI, P.S. JAGDISHPUR, DISTT. BHAGALPUR 119. SRI JANARDAN KUMAR S/O SRI BANSALI PASWAN, R/O VILLAGE- KAMRUDDINPUR, P.S. & DISTT. BEGUSARAI 120. SRI RAM KINKAR S/O SRI RAM AWADH, R/O VILLAGE- KAITHVALIYA, P.S. KLONAWAR, DISTT. GORAKHPUR 121. SRI HIRA LAL PRASAD S/O SRI SUKHU PRASAD, R/O VILLAGE- BASWAR, P.S. GHUGHATI, DISTT. MAHARAJGANJ 122. SRI BHUPENDRA KUMAR S/O SRI BANARSI PASWAN, R/O VILLAGE- KARUDDINPUR, P.S. AND DISTT. BEGUSARAI 123. SRI SATYA DEV PRASAD S/O SRI RAM SAKAL, R/O VILLAGE- SIHATA MUNDERA, P.S. JHAGAHA, DISTT. GORAKHPUR (U.P.) 124. SRI JAY MANGAL RAM S/O SRI AYODHYA RAM, R/O VILLAGE- SALEMPUR, P.S. MUFFASSIL, DISTT. BHOJPUR 125. SRI SURENDRA KUMAR RAJAK S/O LATE YUGAL RAJAK, R/O VILLAGE- BHAWANIPUR, P.S. AND DISTT. BHAGALPUR 126. SRI PAPPU RAJAK S/O LATE JANAK LAL RAJAK, R/O VILLAGE- BARI RAJARPUR, P.S. BARARI, DISTT. BHAGALPUR 127. SRI RAJ KISHORE RAJAK, S/O SRI CHEDI RAJAK, R/O VILLAGE- BEIN, P.S. SULTANGANJ, DISTT. BHAGALPUR 128. SRI LAL DEV PASWAN S/O SRI RAJA RAM PASWAN, R/O VILLAGE- CHEKARI, P.S. TARANI, DISTT. JEHANABAD 129. SRI KAILAS PASWAN S/O NESURI PASWAN, R/O VILLAGE- JAWARIPUR, P.S. BARARI, DISTT. BHAGALPUR 130. SRI HARI RAJAK S/O SRI BHOYARI RAJAK, R/O VILLAGE- PAIN, P.S. SULTANGANJ, DISTT. BHAGALPUR 131. CHANDRA NARAYAN S/O SRI AMRIT MEHTA R/O VILLAGE- CHARGAON, P.S. SIRDEWA, DISTT. NAWADAH 132. SRI MANOJ KUMAR SINGH NO. 4 S/O MITAL SINGH, R/O VILLAGE- DAYALPUR, P.S. KAHALGAON, DISTT. BHAGALPUR 133. SRI ASHOK PD. SINGH S/O SUNDAR PD. SINGH, R/O VILLAGE- DAYALPUR, P.S. KAHALGAON, DISTT. BHAGALPUR 134. SRI MAHESH PD. MANDAL S/O SRI BASUDEO PRASAD MANDAL, R/O VILLAGE- DAYALPUR, P.S. KAHALGAON, DISTT. BHAGALPUR 135. SRI VIMAL SOY S/O SRI JOSEF SOY , R/O VILLAGE- KALYANPUR, P.S. CHAIWASA TOWN, DISTT. CHAIWASA 136. SRI MAHENDRA SOREN S/O SRI DUKHI SOREN, R/O VILLAGE- RAJAPOKHAR, P.S. BOUSI, DISTT. BANKA 137. SRI SANATAN MURMU S/O SRI TURAKA MURMU, R/O VILLAGE- KESAR GALLA, P.S. SHIKARIGARH, DISTT. DUMKA 138. SRI AJAY JOHN MARANDI S/O SRI MASIH PRAKASH MARANDI, R/O VILLAGE- PACHWA MISAN, P.S. AND DISTT. GIRIDIH 139. SRI JANARDAN PD. SINGH S/O SRI BHUVNESHWWAR PRASAD SINGH, R/O VILLAGE- DAYALPUR, P.S. KAHALGAON, DISTT. BHAGALPUR 7 140. SRI RUBIN TUDU S/O SUKU TUDDU, R/O VILLAGE- CHITERO VAYOPUR, P.S. JANA, DISTT. DUMKA 141. SRI ANIL HEMBRAM, S/O MILI HEMBRAM, R/O VILLAGE- HADDIPRADHAR 142. SRI JAGAN HEMBRAM S/O LATE CHADYA HEMBRAM, R/O VILLAGE- CHHOTI BHUGIYA, P.S. TALJHARI, DISTT. SAHEBHANJ 143. SRI SRIKANT PRASAD SINGH, S/O SRI MADAN PRASAD SINGH, R/O VILLAGE- CHAINPURA, P.S. WARSALIGANJ, DISTT. NAWADA 144. SRI SANJAY KUMAR SINGH S/O SRI SUKHDEO SINGH, R/O VILLAGE- BENKI, P.S. SILAV, DISTT. NALANDA 145. SRI NIRANJAN SINGH, S/O SRI RAMESHWAR SINGH, R/O VILLAGE- NINARA, P.S. DHANARUA, DISTT. PATNA 146. SRI SHIV SHANKAR SINGH S/O SRI MADAN PRASAD SINGH, R/O VILLAGE- CHAINPURA, P.S. WARSALIGANJ, DISTT. NAWADA 147. SRI JANARDAN THAKUR, S/O SRI KAMLESHWARI THAKUR, R/O VILLAGE- MIRJAPUR, P.S.- SULTANGANJ, DISTT. BHAGALPUR 148. SRI SANJAY KUMAR SINGH, S/O SRI KUSHESHWAR PRASAD SINGH, R/O VILLAGE- HARAOUL, P.S. MOHIUDIN NAGAR, DISTT. SAMASTIPUR ……….Petitioner-Appellants Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HOME, GOVERNMENT OF BIHAR, PATNA 2. THE SECRETARY, HOME, GOVERNMENT OF BIHAR, PATNA 3. THE SPECIAL SECRETARY, HOME, GOVERNMENT OF BIHAR, PATNA 4. THE INSPECTOR GENERAL OF PRISONS, BIHAR 5. THE JAIL SUPERINTENDENT, SPECIAL CENTRAL JAIL, BHAGALPUR ---------------------------------- For the Appellant : Mr. Arun Kumar, Adv. For the State : 1. Mr. Abhay Shankar Jha S.C.-14 2. Mr. Sanjay Kumar Jha A.C. to S.C.-14 ---------------------------------- 9. 15.09.2011 The appellants are directed to pay the court fee individually within a period of three weeks from today. This appeal arises out of the order dated 21.09.2005 passed in C.W.J.C. No. 8629, whereby the writ petition filed by the petitioners- appellants herein for quashing the impugned order of termination was dismissed by the learned Single Judge. The prayer of the writ petitioner- appellants herein in 8 the writ petition was for quashing the Memo No. K/Kara- 5/98- 1178/ , Patna, dated 21.8.2000 as contained in Annexure-20 of the writ application passed by the Home Commissioner, Government of Bihar holding that the selection process of the appointment of Jail Wardens for the Bhagalpur Central Jail, Bhagalpur is bad in law. The facts reveal that the petitioners- appellants herein have applied for the post of Jail Wardens in pursuance to the advertisement dated 5.10.1994 published in the daily newspaper for 157 posts of Jail Wardens as per eligibility criteria set out in the said advertisement. The appointments were to be done by the Superintendent of Jail under the supervision of the Inspector General of Prisons. A selection committee comprising Senior most Jail Superintendent of the Circle, the senior most Jail Doctor, one Scheduled Caste/ Scheduled Tribe Superintendent of Jail and a Psychologist was constituted and the last two members were to be nominated by the Inspector General of Prisons. The physical verification was to be done at Bhagalpur between 27.12.1997 to 29.12.1997, but the same was shifted to 15th March, 1998 on account of the Parliamentary Election. The venue was also shifted at a short notice to the B.S.F. ground, Meru Camp, Hazaribagh to be held from 23.3.1998 to 25.3.1998. It is alleged that after completion of process of selection a selection list of the candidates who have been selected numbering 198 was prepared in order of merit. But, however, appointment letters were issued to 157 candidates only including all 9 the petitioners- appellants herein. The appointment letters have been annexed as Annexure-14 to the writ application. After undergoing the process of medical examination and other requirements the petitioners- appellants herein have joined to their respective posts in the Central Jail, Bhagalpur and received their salary for one and half months, but suddenly their salaries were stopped in pursuance of the order dated 16.2.1999 passed by the Commissioner of Bhagalpur Division, Bhagalpur as contained in Annexure-15 to the writ application. This order was followed from the Inspector General of Prisons to the Superintendent of Bhagalpur Central Jail informing that the appointments of all the 157 Wardens was cancelled because of non- observance of the rules in the selection process. Aggrieved by the aforesaid order the petitioners- appellants herein filed a writ petition being C.W.J.C. No.1956 of 1999 which was allowed by this Court vide order dated 10.4.2000 as contained in Annexure-16 to the writ application by quashing the order dated 16.2.1999 contained in Annexure-15 and the matter was remitted back to the concerned Departmental Secretary (the Home Commissioner) to examine the matter and pass orders in accordance with law. As the petitioners- appellants herein were not allowed to join duty they filed a contempt petitioner being M.J.C. No. 1879 of 2000 which was disposed of by this Court vide order dated 8.8.2000 (Annexure 17) directing the respondents to accept joining of the petitioners within a period of two weeks and it was further directed that operation of the fresh advertisement is also 10 stayed until the decision of the Home Commissioner. The fact reveals that there was lot of litigation between the appellants and the State by filing M.J.C. No.3454 of 2000 as also C.W.J.C. No.8629 of 2000 and on 8.9.2000 an interim order was also passed by this Court to the effect that Until further order, the respondents will not issue any individual letter of termination with regard to petitioners in pursuance of the order dated 21st August, 2000 (Annexure-20), if not yet issued. They will also not to fill up the posts against which the petitioners were appointed. From a perusal of charges as envisaged in the show cause, it would reveal that the State Government has found irregularities suo-motu in the selection process on the complaint lodged by one political leader, namely, Deepak Singh, President of District Youth Samta Party, and has initiated an action to enquire into the allegations. It further appears that when the said Deepak Singh, President of District Youth Samta Party was called for to appear before the Enquiry Officer for questioning with regard to the allegations made by him in the complaint he has chosen not to appear before the Enquiry Officer. It is contended on behalf of the appellants that the entire selection process was conducted in accordance with the prescribed procedure and there was no infirmity or irregularity in the selection process or appointments and according to them even assuming that there was some irregularities the same was minor in nature for which the appellants cannot be blamed and they cannot be held responsible leading to their termination by the Home 11 Commissioner. It is also further contended both before the Learned Single Judge and before us that even assuming that there was some irregularities in the selection of five candidates namely appellant nos. 11, 12 and 19 who are relatives of the then Chairman, Late Shayam Mohan Mishra as also appellant nos. 3 and 40 who are relatives of a Clerk, namely, Anand Kumar, but for such action the rest of the appellants cannot be blamed and no drastic action of termination should be taken against them for the action on the part of the then Chairman as also the concerned clerk. It is further contented on behalf of the appellants that there was minor irregularities in the process of selection as stated in the charge memo which are 17 in numbers to which they have to reply to the show cause, but the State Government should not take drastic action of termination of their services as there was no bias or choice in the process of selection of the appellants who are 157 in numbers. It is contended that the allegation as alleged was very cryptic in nature and most of them were remained unproved except the irregularities in the selection of five appellants, namely, appellant nos. 11, 12, 19, 3 and 40 who are relatives of the then Chairman and a clerk of the concerned department. It is further contended that the learned Single Judge has accepted that on the basis of the enquiry report termination orders have been passed without furnishing a copy of the same to the appellants so as to file their objections. The respondents have contested the matter before the learned Single Judge by brining notice of the Court with regard to 12 charges as also the enquiry report and the learned Single Judge has dealt with the matter in extensor by charge wise and gave his findings in paragraph 10 of the judgment which resulted into dismissal of the writ petition and also thereby the stay granted by this Court was also vacated. We had also the occasion to go through the explanation given by the appellants herein and the order of the learned Single Judge. So far facts are concerned, we are of the opinion that the same need not to be repeated as the learned Single Judge has dealt with the facts in the judgment which remain undisputed by both the sides. In our opinion findings of the Home Commission in saying that the process of selection of the appellant was illegal is baseless as there was no material available in support of such allegation as it was passed only on suspicion. It has been contended on behalf of the appellants that even assuming that there were irregularities in selection of five persons who were favored by the then Chairman and a concerned clerk of the department, it cannot be said that the entire process of selection with regard to 157 candidates is also vitiated who were not responsible for such irregularities committed in the process of selection. It is mentioned in the order of the learned Single Judge with regard to charge no.2 that as the senior most physician had already retired and second senior most doctor had been transferred therefore Dr. Subodh Narain was included in the selection Committee. With regard to charge no.3 it is mentioned that one Rama Shankar Mishra, Clerk was entrusted to a job of reading and writing but as he had 13 expressed his inability to work because he was going to superannuate soon therefore one Anand Kumar Sinha, Clerk was entrusted with the said work. We are of the opinion that in such action of the Chairman there was no fault as the said Clerk, namely, Anand Kumar Sinha has been entrusted work due to inability expressed by Karapal Rama Shankar Mishra who was going to retire soon. In such circumstances association of other