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Shamsher Bahadur Singh v. State Of U.P. And Another - WRIT - C No. 16275 of 2006 [2006] RD-AH 6579 (24 March 2006)


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Civil Misc. W.P. No.  16275 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Standing counsel may file a counter affidavit within one month. Rejoinder affidavit may be filed within three weeks thereafter. List immediately thereafter.

The L.R. Manual may or may not have statutory force but, if the Government is proceeding in accordance with the said Manual, it would be obliged to follow the Manual strictly and not to deviate from it in individual cases as that would amount to arbitrariness.

It appears from the letter of the District Magistrate, Sonebhadra, enclosed as Annexure-12 to this writ petition that the District Magistrate has proceeded in accordance with the L.R. Manual. However, the clause 7.03(3) of Chapter VII of that Manual requires the District Magistrate (referred to as the "district officer" in the Manual) to consider the names received in consultation with the District Judge, and

(1)to give due weight to the claim of the existing incumbents, if any;

(2)to give his own opinion particularly about the character, professional conduct and integrity;

(3)the opinion of the District Judge on the suitability and merits. This has to be done in respect of each candidate.

The letter of the District Magistrate dated 24th January 2006, Annexure-12 to this writ petition, merely compiles a list of five names including that of the petitioner but does not give the opinion required under the clause 7.03(3).

Therefore, the Government will not make any appointment on the basis of such incomplete recommendation.

However, it will be open to the Government to seek fresh report/opinion of the District Magistrate in accordance with the aforesaid provisions of the L.R. Manual and, thereafter to make appointment on the post of D.G.C. (Revenue), Sonebhadra.

Dated : March 24, 2006



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