Rajesh Kumar Yadav vs State of Bihar

Dr. Anshuman, J

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

Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:-

"I. That this is an application for issuance of an appropriate writ/ writs, direction/directions, directing the Respondents to select the petitioner on the post of Swachhta Pravekshak (Supervisor) under Lohia Clean Mission Bihar in place of Respondent No.11, who have been selected on the post of Swachhta Pravekshak (Supervisor) without full fill the criteria for the said post under Guide Line even though Respondent No.11 has not worked as Swachhagrahi and first priority given to active Swachhagrahi with more experience. Petitioner is more experienced Swachhagrahi in Tenua Panchayat, he has to be given first priority in selection of Swachhata Pravekshak under Guideline but his (Petitioner) candidature has been ignored by Respondent Nos.9 and 10 with illegal consideration and incompetent ineligible person (Respondent No.11) selected on the post of Swachhata Pravekshak (Supervisor) by violating entire rules and norms of law. And may kindly be disposed of the writ application in light of cover matter bearing CWJC No.12696 of 2025 titled as Suman Singh @ Suman Kumar Singh versus the State of Bihar disposed of on 09.09.2025.

II. And further for any other relief/ reliefs for which petitioner is found entitled in the facts and circumstances of the case."

Learned Counsel for the State raised preliminary objection and submits that the petitioner is guided by Lohiya Swachha Abhiyan in which respondent No.5, the District Deputy Commissioner (DDC)-cum-Vice Chairman District Water and Cleanliness Committee, Saran at Chhapra, is the competent authority.

Learned Counsel for the petitioner submits that he has filed representation (Annexure-P/7), which is pending before respondent No.5, the District Deputy Commissioner (DDC)-cum-Vice Chairman District Water and Cleanliness Committee, Saran at Chhapra.

In this view of the matter, the present writ petition is disposed off with a direction to the petitioner to file a fresh representation, along with a copy of this order, before Respondent No. 5, namely, the District Deputy Commissioner (DDC)-cum-Vice Chairman, District Water and Cleanliness Committee, Saran at Chhapra, within a period of 30 days from today. Upon receipt of such representation, Respondent No. 5 shall consider the same and pass a reasoned and speaking order, after affording an opportunity of hearing to all persons who may be aggrieved by the decision, within a period of 60 days thereafter.

It is made clear that the period of 90 days shall be counted from the date on which the appearance of all concerned parties is completed.