IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7545 of 2011 ====================================================== Raghvendra Kumar Jha .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyanand Roy For the Respondent/s : Mr. Shyam Kishor Sharma Ga3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 4 13-12-2011 Heard learned counsel for the petitioner and the State. The District Panchayat Raj Officer is present in person and has filed a counter affidavit also. The claim in this writ application relates to payment of honorarium to the petitioner as Secretary, Gram Kutchery for the period 27.6.2008 to January, 2011 whereafter the term of the Gram Kutchery has expired. There appears to have been a tussle for appointment in between one Rubi Kumari and the petitioner. The Court does not consider it necessary to go into the factual details as even by the order of the District Magistrate dated 28.6.2001 the petitioner cannot be classified as an illegal appointee, but at best an irregular appointee if his appointment was made in absence of the Nodal Officer. The District Magistrate has already held that the appointment of Rubi Kumari was not in consonance with Patna High Court CWJC No.7545 of 2011 (4) dt.13-12-2011 2 law. The petitioner was at serial No.2 of the panel and the Rubi Kumari at Serial No.1. The fact of the matter remains that in pursuance of an irregular appointment, the petitioner has in fact worked and discharged duties as Secretary of the Gram Kuthery as the respondents have not denied that fact in their two counter affidavits. Learned counsel for the State submits that funds have been released to the Panchayat in question which may now be directed to be paid to the petitioner. If the source of the fund is the State Government, it is also the responsibility of the State Government to ensure that the funds released by it are used for the designated purposes only and not unauthorizedly failing which issues for application of the provisions of the Indian Penal Code shall also arise. Let the District Magistrate ensure that the legitimate dues of the petitioner are paid to him in accordance with law from the funds released by the State Government for the purpose failing which the District Magistrate is naturally required to enforce the civil/criminal laws of the land. Let the order be complied with within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)