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2003 Supreme(Pat) 866

R.S.GARG
Shambhu Thakur – Appellant
Versus
State Of Bihar – Respondent


Judgment

R.S.Garg, J.

1. Heard learned counsel for the parties.

2. The petitioner is aggrieved by rejection of his candidature of the post of Choukidar. According to the petitioner, his name had been recommended by the officer incharge of the police station of the particular area for his appointment, but the same has been turned down on the ground that he is the nephew of the erstwhile Choukidar.

3. Placing reliance upon the Rule 35 of Bihar Choukidari Manual, it is contended that immediately on occurrence of the vacancy oh the post of Choukidar the local police station has to report the matter to the District Magistrate or the Sub-Divisional Officer. The concerned Panchayat would also report the matter to the District Magistrate or the Sub-Divisional Officer. They would also recommend the name of a particular person along with the details as prescribed under Rule 35 of the said Manual.

4. Undisputedly, the Bihar Choukidari Manual was promulgated somewhere 100 years back.

5. It appears that certain agitations were made and representations were also submitted to the State Government by the Choukidars and their Society/Association that such Choukidars should be treated as government s













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