IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2517 of 2009 SANJAY KUMAR, SON OF BHARAT PRASAD, RESIDENT OF VILLAGE-HARNATAND, P.S.-LAUKARIYA, DISTRICT- WEST CHAMPARAN, BIHAR. …………..……………………………………………. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, BIHAR PANCHAYAT RAJ. 2. THE COLLECTOR, WEST CHAMPARAN BETTIAH. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, WEST CHAMPARAN, BETTIAH. 4. THE DISTRICT PANCHAYAT RAJ OFFICER, WEST CHAMPARAN, BETTIAH. 5. THE SUB-DIVISINAL OFFICER, BAGAHA, WEST CHAMPARAN, BETTIAH. 6. THE BLOCK DEVELOPMENT OFFICER, BAGAHA, WEST CHAMPARAN, BETTIAH. 7. THE CIRCLE OFFICER, BAGAHA, WEST CHAMPARAN, BETTIAH. 8. PUNAM DEVI, SARPANCH, HARNATAND GRAM PANCHAYAT, WIFE OF KAILASH JAISWAL, RESIDENT OF VILLAGE-HARNATAND, DISTRICT-WEST CHAMPARAN. …………………………………………………………… PETITIONERS ----------- 2. 27.2.2009 Heard counsel for the petitioner and the counsel for the State. In this case a piquant situation has emerged inasmuch as all the authorities right from the Collector to the Block Development Officer find themselves in a totally helpless situation because a defiant Sarpanch (Respondent no. 6) is not ready to obey the orders of any of her superior authorities. All this has happened in the matter of appointment of Secretary of Gram Kutchahary. The report of the Block Development Officer Bagaha (Respondent no. 2 6) dated 23.11.2008 submitted to the District Panchayati Raj Officer (Respondent no. 4) would go to show that even when the name of the petitioner is at serial no.1 among the selected candidate for the post of Secretary of Gram Kutchahary of Harnatand Gram Panchayat, the order of appointment of the petitioner had not been issued because of malafide on the part of the said Sarpanch (Respondent no. 8). The situation in fact has gone beyond control, inasmuch as even the order of the Collector, West Champaran (Respondent no. 2) has made no impact on the aforesaid Sarpanch. In such a situation, this Court would direct the Secretary of Panchayati Raj Department of Government of Bihar to himself look into the matter. If upon examination of fact the Secretary of Panchayati Raj department finds that the grievance of the petitioner for appointment on the post of Secretary in the aforesaid Gram Kutchahary is correct and justified as reported by the Block Development Officer in his letter dated 23.11.2008, he would direct the said Sarpanch (Respondent no. 8) to issue an appointment letter in favour of the 3 petitioner within a period of one week from the date of receipt his order. In the event the Sarpanch does not comply the said order of the Secretary of the department it will be always open for the Secretary of the Department to take action under section 97(5) of the Bihar Panchayati Raj Act. In order to expedite the matter the petitioner is directed to file a compact representation before the Secretary of Panchayati Raj Department alongwith all the evidence/ documents and the Secretary thereafter would be under obligation to pass a reasoned order within a period of three months from the date of filing of such representation by the petitioner. The entire exercise of appointment of the petitioner must be completed by the concerned Respondents within a maximum period of six months from the date of receipt/production of a copy of this order. With the aforesaid observation and direction this application is disposed of. (Mihir Kumar Jha,J.) Surendra/