IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18510 of 2009 UMESH KUMAR DUBEY Versus THE STATE OF BIHAR & ORS ----------- 02 05.04.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims that he was at serial no.1 of the panel prepared after counselling on 4.2.2008 for appointment on the post of Panchayat Sachiv. Nonetheless appointment has been denied. He has represented before the Sub-Divisional Officer, the statutory authority under the Rules to examine such matters on 17.7.2008. Counsel for the State points out that under Rule 12 of the Bihar Gram Kutchury “Appointment Service Conditions and Duties” Rules, 2007, it was mandatory to make such application within 30 days from the allegations with which a person be aggrieved. There is no pleading in the writ application that such petition has been filed before S.D.O. within the statutory period. The application is disposed with the observation that, if the petition dated 17.7.2008 has been filed within 30 days from the appointment of another as Panchayat Sachiv and with which the petitioner is aggrieved, only in that event is the Sub- 2 Divisional Officer required to decide the representation after hearing all concerned including the fresh appointee and dispose the same within a maximum period of three months from the date of receipt/production of a copy of this order. If the Sub-Divisional Officer is satisfied that the petition has not been filed within 30 days, he shall be at liberty to pass a reasoned order displaying full application of mind when there is no need for him to hear the fresh appointee. The application stands disposed. P.K. (Navin Sinha, J.)