CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Om Prakash Prasad Son of Yogesh Chandra Mandal @ Yogesh – Appellant
Versus
State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna – Respondent
JUDGMENT :
We are utterly dismayed over the cavalier way this writ application has been drafted, and despite this Court’s observation at the very commencement of hearing the case in the wake of the nature of relief sought for in the present writ application, the matter has been argued by learned counsel for the petitioner.
This writ application has been filed seeking direction to the respondent authorities to frame rules/policy for the employees of the Gram Panchayats in view of Article 243H of the Constitution of India and in the light of a 'judgment' delivered by this Court on 11.12.2013 passed in CWJC No. 3689 of 2012 (Rajendra Prasad Choudhary Vs. State of Bihar and Ors.). At the very outset, this Court pointed out to learned counsel for the petitioner, Mr. Ranjit Kumar that this Court exercising power of judicial review under Article 226 of the Constitution of India should not issue a writ in the nature of Mandamus requiring the State Government to frame statutory rules or amend statutory rules in view of the law clearly laid down by the Supreme Court in this regard.
2. Mr. Ranjit Kumar, learned counsel, disregarding such clear observation made by this Court took us to the said o
Anindita and Another Vs. Pranav Kumar Mukherjee and Others reported in (2018) 15 SCC 628
Dr. Ashwani Kumar Vs. Union of India and Another reported in (2020) 13 SCC 585
D.P. Chadha Vs. Triyugi Narayan Mishra and Ors. reported in (2001) 2 SCC 221
Mallikarjuna Rao and Others Vs State of Andhra Pradesh and Others reported in (1990) 2 SCC 707
Rameshwar Prasad and Others (VI) Vs. Union of India and Another reported in (2006) 2 SCC 1
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