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2008 DIGILAW 664 (PAT)

Krishna Murari Kumar v. State of Bihar

2008-05-02

body2008
ORDER 1. Counsel for the petitioners, for the State of Bihar, for the Bihar Public Service Commission and for the Vigilance are present. 2. No affidavit has been filed by the Bihar Public Service Commission with regard to the direction of this Court dated 16.3.2007 for service of notice by the Commission to Respondent No. 7-Vijay Kumar, Computer Analyst-cum-Programmer, BPSC, 15, Jawaharlal Nehru Marg, Patna-1. Counsel for the Commission is not in a position to make further submission with regard to this aspect. 3. The petitioners were applicants and had appeared in 1993 examination held for selection and appointment in the Secretariat and its attached offices Assistants. While it is their case that they procured the minimum qualifying marks, it is the case of the Commission that no person having marks less than the petitioners had been recommended. 4. The allegations in the writ petition are that the conduct of the examination, preparation of the select list and publication of result was marred by irregularities. It is not in controversy that in pursuance of the recommendation made of candidates some of them have joined. 5. At this stage it is not necessary to take notice of any more facts of the case with regard to the alleged large scale illegality/irregularity in view of 2nd and 3rd supplementary affidavit filed on behalf of the petitioners. In support of the statements made in the 2nd and 3rd supplementary affidavit, learned counsel for the petitioners submits that much time has passed since the institution of the writ application and, therefore, they are now moulding their prayer accordingly. 6. The submissions from the affidavit now is that the writ application may be disposed off with appropriate directions for verification of the genuineness of the marks obtained by the successful candidates and also the genuineness of the candidates themselves, those, who may have been appointed in pursuance of the recommendation and those, who may be waiting appointment in pursuance of the recommendation. This is coupled with the prayer for directions to take expeditious steps to fill up the vacancy. 7. This is coupled with the prayer for directions to take expeditious steps to fill up the vacancy. 7. The limited submission on behalf of the petitioner in that background now is that the Bihar Public Service Commission be directed to forward the original tabulation register and the connected records of the recommendation to the Department of Personnel and Administrative Reforms, Government of Bihar with consequential directions to the Department of Personnel to cross-examine the tabulation register and the connected records of the recommendation vis-a-vis those who had already been appointed and to make fresh appointments only after cross-verification from the same. 8. Counsel for the Commission and the State have no objection to the same. 9. Needless to state that in the event that the State finds any discrepancy in the matter between the recommendations made, the tabulation register and the original records of the recommendation, The State shall then be required to take necesssary consequential action with regard to all concerned in accordance with law after due notice. 10. At this stage, learned counsel for the Vigilance submits that if any such matter is referred to it by the Department of Personnel, Government of Bihar it shall proceed in accordance with law. 11. Let such compliance be made by the Bihar Public Service Commission within a maximum period of four weeks from today. This, order has been passed in presence of the counsel for the Commission. The State is directed to take necessary consequential action thereafter if necessary in accordance with law expeditiously with regard to those who have already been appointed thereafter. 12. The writ application stands disposed.