IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3971 of 2009 ABHISHEK BHARTI , SON OF LATE GANGADHAR MISHRA OF VILL- RAMDIRI( LAWHARCHAK0),P.S. MATIHANI DISTRICT- BEGUSARAI ---- PETITIONER Versus THE STATE OF BIHAR & ORS . ----------- 2 16-11-2009 Heard learned counsel for the petitioner and the State. The petitioner’s father died in harness . On an application made, his case has been considered by the District Compassionate Appointment Committee and found eligible and recommendation made. Once he has been found eligible by the necessary Committee , the question of considering his eligibility again by the appointing authority calling for any document is not sustainable in law. The appointing authority cannot question the action of the District Compassionate Appointment Committee except on materials of the nature of fraud. Learned counsel for the State submits that the recommendation itself states that the appointing authority may reverify. Either the District Compassionate Appointment Committee has acted responsibly and should accept responsibility for its recommendation or it should acknowledge that it has recommended without proper verification. There cannot be half way house for the recommendation of the District Compassionate Appointment Committee . The writ application is disposed with direction to the - 2 - Respondents to forthwith act upon the recommendation in accordance with law within a maximum period of two months from the date of receipt /production of a copy of the present order. NKS/- ( Navin Sinha, J)