IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16285 of 2008 AWADHESH SINGH Versus THE STATE OF BIHAR & ORS With CWJC No.11843 of 2008 ANIL RAI & ORS Versus THE STATE OF BIHAR & ORS ----------- 5 23.6.2009 Heard learned counsel for the parties in both the writ applications. There are subsequent developments which have taken place and fresh election has been held for the post of Pramukh and one Rinki Devi who happens to be petitioner no.2 of CWJC No. 11843 of 2008 has come to be elected to the said post. The Court is of a considered opinion that going into the background under which the present writ application came to be filed will serve no purpose and to that extent the issue has only remained academic but the Court is also constrained to record from the pleadings that the conduct of one Alok Kumar Yadav who happens to be the Block Development Officer-cum-Executive Officer of the Panchayat Samiti, Rajpur is not above board and he has not carried out his responsibility of the post with due dispassion. These are matters which should be seriously looked into by a competent authority exercising control over the said officer. The reason why the Court has recorded the above aspect of the matter is because a civil servant is expected to serve with due dispassion without any fear or favour and he is not - 2 - expected to become a party to any game which has come to be played by any elected representative. Both the writ applications stand disposed of with liberty to the petitioners of CWJC No. 11843 of 2008 to pursue the matter before the appropriate authority against respondent no.7 of CWJC No. 11843 of 2008 who shall be given an opportunity to show cause if there is sufficient material against him. Both the writ applications stand disposed of with the above direction and observation. RPS (Ajay Kumar Tripathi,J.)