Md. Sabbir v. State of Bihar Through the Principal Secretary, Department of Human Resources
2012-05-08
JAYANANDAN SINGH
body2012
DigiLaw.ai
ORDER Learned counsel for the petitioner submits that in the fresh counseling held on 28.12.2010, petitioner had also participated. However, appointments were not made. Hence, some candidates moved in appeal before the Appellate Authority and the order impugned was passed on 24.12.2011 without issuing any notice to the petitioner. He submits that petitioner was neither a party in the appeal nor he moved there, still statements were made by the Panchayat Secretary that the certificates of the petitioner were got verified from the institution concerned and were found to be forged. He submits that the Appellate Authority has found the selection process as bad and suffering from several irregularities. 2. It is apparent that the said stand of the Panchayat Secretary noticed by the Appellate Authority may go against the petitioner in consideration of his case, for which he has never been given any notice and opportunity to file show cause. If the certificates of the petitioner were got verified by the authorities and they were found to be forged as not having been issued from the office concerned, it should have been informed to the petitioner. 3. Hence, fresh selection process may be held in terms of the order of the Appellate Authority. The Panchayat Secretary may not call the petitioner for conseling only if verification report is duly communicated to him. If the same is communicated, petitioner will be at liberty to file any representation before the Panchayat Authorities pointing out any defect in the report. If the petitioner is aggrieved by any action of the panchayat Authorities in this regard, he will be at liberty to appeal before the Appellate Authority against any such action, preventing him from appearing in the counseling, and the Appellate Authority shall in that case consider his case on merits. 4. With the aforesaid observations and directions this writ application is disposed of.