Jay Prakash Prabhakar vs State of Bihar

Anshuman, J

Heard learned Counsel for the petitioner and learned Counsel for the State.

The present writ petition has been filed with the following reliefs:-

“I. For issuance of ,appropriate writ in the nature of  mandamus to declare the petitioner as successful candidate in the final result for

"Empanelment of Nyay Mitra In Gram Katchahry, Dawath, Dist- Rohtas" and give joining for the said post.

II. For issuance of appropriate writ in the nature mandamus to superintendent  of  Police,  Rohtas  to  issue fresh character certificate and after that respondent authorities may be directed to give joining to the petitioner on the post of Nyaymitra In Gram Katchahry, Dawath, Dist- Rohtas.

III.  For  any  other  relief  or reliefs for which petitioner is entitled for.”

Learned Counsel for the State raised preliminary objection and submits that the matter is relating to the appointment of Nyaymitra in Gram Katchahry and for appointment of Nyaymitra, there is a forum in the said Rule. It is due to this reason, he submits that this writ petition is not maintainable.

Upon perusal of the Bihar Gram Katchahry Nyay Mitra (Employment, Service Conditions and Duties) Rules, 2007, which has been notified by the Government of Bihar, Panchayati Raj Department, Notification No.1338/Patna dated 23.08.2008, whose Rules 12 and 13 States as follows:-

“12. Complaint.-Any complaint regarding employment of Nyaya Mitra of Gram Katchahry on contract basis may  be  filed  before  the  concerned  Sub- Divisional Magistrate within 30 (thirty) days of such employment under these Rules, Sub- Divisional Magistrate shall be competent to take  decision  on  the  complaint  received.

Sub-Divisional  Magistrate  concerned  shall give his decision on the complaint received not later than 30 days.

Appeal.- Any appeal against the decision of Sub-Divisional Magistrate may be filed before the District Magistrate concerned within thirty days from taking such decision, hearing of which shall be made by District Magistrate or an officer equivalent to the rank of Additional District Magistrate authorised by him. Order shall be passed after the hearing is completed.”

It transpires to this Court that liberty for which the petitioner has moved here is available to him by way of filing complaint before the Sub-Divisional Magistrate,

Bikramganj,  Rohtas,  under  Rule  12 of  the  Bihar  Gram Katchahry Nyay Mitra (Employment, Service Conditions and Duties) Rules, 2007.

In this view of the matter, this writ petition is disposed off granting liberty to the petitioner to avail his remedy under Rule 12 by way of filing complaint before the Sub-Divisional Magistrate, Bikramganj, Rohtas, within 30 days from today.

It is made clear that delay, if any, in filing the complaint is hereby directed to be condoned. The Sub-Divisional Magistrate, Bikramganj, Rohtas, shall pass order on the complaint of the petitioner within 30 days from the date of appearance of all concerned.