- (1.) THIS wit petition has been preferred by petitioner against the order No. 4/98 dated 18th March, 1998 and 23rd August, 1998 whereby and whereunder direction was given and the appointment of petitioner from the post of Dalpati was terminated.
(2.) THE order No. 4/98 dated 18th March, 1998 has been issued on the ground that there is no provision made for the post of Dalpati under the Bihar Panchavat Raj Act, 1993. The brief fact of the case is that the petitioner and some others were appointed as Dalpati after promulgation of Bihar Panchayat Raj Act, 1993 . In the Bihar Panchayat Raj Act, 1993 or subsequent rule framed therein, there is no provision made for the post of Dalpati for certain period which was the ground to terminate the services of petitioner and others.
(3.) SIMILAR matter fell for consideration before a Division Bench of the Patna High Court in the case of Basudeo Besra vs. Union of India and others, reported in 1996(1) PLJR 261. In the said case, a Division Bench of Patna High court held that the Bihar Panchayat Raj Act, 1993 was not applicable to the schedule areas including the districts of Ranchi, Dumka, Pakur, Rajmahal and Santhal Pargana and set aside the order of termination.;