IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1829 of 2008 RANJEET KUMAR Versus THE STATE OF BIHAR &ORS ----------- 2/ 28/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was an applicant for the post of Gram Secretary for Gram Panchayat Raghai, Block Minapur, district- Muzaffarpur. It is his case that after counseling his name was at serial No.3 of the merit panel. The person at Serial No.1 did not join and the age of the person at Serial-2 expired in the meantime leaving the petitioner as the eligible candidate to be appointed. Ignoring the merit panel the respondent No.6 has appointed respondent No.8 from beyond the panel by subsequent insertion of his name in the panel a copy of which has been placed at annexure-1. The petitioner is stated to have represented before the Sub-divisional Officer, respondent No.5, the authority prescribed under the Rules on 2.1.2007. Let respondent No.3 examine all issues of facts from the original records and pass an appropriate reasoned and speaking order after hearing all concerned, including the petitioner, respondent 2 Nos.6 and 8 within a maximum period of three months from the date of receipt/production of a copy of this order before him and dispose of the same. In the event of non-cooperation by any of the parties, the respondent No.5 shall be at liberty to proceed ex parte in the enquiry also after recording his satisfaction in writing of the refusal of anyone to participate. Dependent on the findings that may be arrived at by respondent No.5 he is expected to deal even handedly with the petitioner, respondent No.6 and respondent No.8, as the case may be. The writ application stands disposed with the aforesaid direction. KC/ ( Navin Sinha, J.)