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2022 DIGILAW 872 (JHR)

Jitendra Paswan v. State of Jharkhand

2022-07-18

RAJESH SHANKAR

body2022
ORDER : 1. Learned counsel for the petitioner is permitted to make necessary correction in the designation of the respondent no. 8 as “The Governing Body, Ghaghra Inter Science College, Bagodar, through its Secretary.” 2. Necessary correction in the cause title of the writ petition be made in course of the day. 3. The present writ petition has been filed for quashing the notice dated 11th August, 2021 (Annexure-13 to the writ petition) issued by the Sub Divisional Magistrate, Bagodar- respondent no. 4 in Case no. 01 of 2021 under Section 133 Cr.P.C. directing the petitioner and two others to appear before him on 27th August, 2021 at 11:00 a.m. Further prayer has been made for issuance of direction upon the concerned respondents to provide employment to the petitioner on Class IV post as peon in Ghaghra Inter Science College, Bagodar, Giridih in view of resolution no. 3 passed by the Governing Body of the said college constituted on 4th March, 2011, as the mother of the petitioner had donated 3.75 decimals of land out of 46 decimals, appertaining to Khata No. 16, plot no. 2352, Mouja Ghaghra and out of 20 decimals of land under Khata no. 71, plot no. 6927, Mouja Bagodar, which is being used as road of the said college. 4. Heard learned counsel for the parties and perused the contents of the writ petition. 5. So far as first part of the petitioner’s prayer is concerned, this Court is of the view that any order passed under Section 133 Cr.P.C. is revisable in nature. Hence, this Court is not inclined to interfere with the proceeding initiated by the respondent no. 4 in terms with the notice dated 11th August, 2021. 6. So far as the second part of the prayer is concerned, the petitioner is at liberty to prefer a fresh representation before the Governing Body of the said college, seeking employment on Class IV post. On receipt of the said representation, the Governing Body of the said college shall, after providing opportunity of hearing to the petitioner or his representative, take an appropriate informed decision in accordance with law within one month from the date of receipt of the representation. 7. The writ petition is disposed of with the aforesaid liberty and direction. 8. I.A. No. 5562 of 2022 is also disposed of.