IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8998 of 2010 1. MD. SHAKIR, S/O LATE MD. SOHRAB, R/O VILLAGE KARICHAK CHHAPKI, P.S.- BIRPUR, DISTRICT- BEGUSARAI. 2. RAKESH KUMAR, S/O SRI VIJAY SHARMA, R/O VILLAGE DADPUR, P.S. HULASGANJ, DISTRICT JEHANABAD. 3. NAVIN KUMAR , S/O SRI DAYANAND SHARMA, R/O MOHALLA- NEW YARPUR,PATNA, P.S. GARDANIBAGH,DISTRICT PATNA. 4. MD. NAUSHAD ALAM, S/O AINUDDIN ANSARI, R/O VILLAGE DHOBAWAL BAZAR, P.S. BANIAPUR, DISTRICT SARAN. 5. MD. IMTIYAZ ALAM, S/O SRI SHAMSUDDIN ANSARI, R/O SANGAM COLONY, NEAR ITI, DIGHA, P.S. DIGHA, DISTRICT- PATNA. 6. HARENDRA KUMAR, S/O LATE JAMUN MAHTO, R/O VILLAGE RAM PURANI, P.S. MAHUA, DISTRICT- VAISHALI. Versus 1. BIHAR STATE ELECTRICITY BOARD,BAILEY ROAD, PATNA THROUGH ITS CHAIRMAN. 2. THE CHAIRMAN,BIHAR STATE ELECTRICITY BOARD,BAILEY ROAD, PATNA. 3. THE GENERAL MANAGER CUM CHIEF ENGINEER,CENTRAL ELECTRIC SUPPLY AREA,8- SERPENTINE ROAD, PATNA-1. ----------- 06. 29.07.2010 In compliance of my order dated 6.7.2010 counsel for the Bihar State Electricity Board(hereinafter referred to as the Board) has filed counter affidavit, which is taken on record. 2. Heard learned counsel for the petitioners and the Board. 3. Petitioners were applicant for the post of Switch Board Operator in the Board pursuant to advertisement published in various newspapers in the year 2006, copy of the advertisement is contained in Annexure-1 to this application. Having become successful in the selection process petitioners were empanelled for appointment on the post of Switch Board Operator in the Board on contract basis, others who were above the petitioners were appointed under office order dated 16.7.2008, Annexure-2. From the same panel petitioners were appointed as Switch Board Operator under office order dated 2.4.2010, Annexure-3. Later complaints were received that others who secured higher marks and were placed above the petitioners in the panel have been ignored and petitioners have been appointed under office order dated 2.4.2010. Some of the complaints are contained in Annexures-A to D to the - 2 - counter affidavit. Having examined the complaints the Selection Committee of the Board under proceeding dated 19.4.2010 Annexure-E was of the opinion that irregularities have been committed in issuing the office order dated 2.4.2010, Annexure-3 and decided to cancel the said office order. 4. Learned counsel for the Board submits that the panel having become old, the Board has decided to proceed with fresh selection process. Form the proceedings of the Board dated 19.4.2010 and 30.4.2010, Annexures-E and F it does not appear that the panel on the basis of which office order dated 16.7.2008, Annexure-2 was issued has been cancelled. 5. In the circumstances, it is directed that until fresh appointment is made pursuant to recent advertisement, Annexure-5 to this application, the Board should examine the complaints received regarding the irregularities committed in issuing the office order dated 2.4.2010 and should make appointment from the original panel strictly on merit for only such period during which the appointment process pursuant to advertisement, Anenxure-5 is not completed. Necessary action in compliance of my order be taken as early as possible, in any case within one month from the date of date of receipt/production of this order before the competent authority of the Board. It goes without saying that petitioners shall have the liberty to even appear in the selection process pursuant to Annexure-5. 6. With the observation and direction aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)