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Patna High Court · body

2012 DIGILAW 362 (PAT)

Binod Kumar v. State Of Bihar

2012-02-29

JAYANANDAN SINGH

body2012
ORDER In large number of cases, as in this case also, grievance of the petitioners is that though the order of the Appellate Authority constituted under Rule 18 of the Rules is in their favour, but the same is not being implemented and complied with by the Employment Agency of the Panchayat/Block. In this case also, petitioners’ grievance is in respect of non-implementation of the orders of the Appellate Authority by which the Appellate Authority has directed for issue of appointment letters to the petitioners as Block Teachers. 2. If the Rules do not provide any mode for execution of the orders of the Appellate Authority, this Court cannot be relegated to a position of executing Court. Since Collector of the District is the authority at the helm in the district and it is his responsibility to see to it that the rule of law is maintained and orders of the statutory authorities are obeyed by all concerned if the said orders have not been rescinded or reviewed or have not been challenged before any higher forum or court by any aggrieved party. 3. In the circumstances, petitioner is granted liberty to file a representation before the Collector of the District, who shall make an enquiry whether the order of the Appellate Authority is still in operation or not. If it is, he shall see to it that all concerned obey the order and implement the same as soon as possible. The Collector shall pass appropriate orders in this regard including order for appropriate action against the persons concerned preferably within two months from the date of filing of representation by the petitioners.