Jharkhand High Court
The State Of Jharkhand And Ors vs Bishnu Prasad Singh And Ors on 28 March, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 380 of 2018
The State of Jharkhand and Ors. ... ... Appellants
Versus
Bishnu Prasad Singh and Ors. ... ... Respondents
With
L.P.A. No. 479 of 2018
The State of Jharkhand and Ors. ... ... Appellants
Versus
Birendra Kumar Singh ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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L.P.A. No. 380 of 2018:
For the Appellant : Mr. Jayant Franklin Toppo, GA-V
For the Respondents : Mr. Saurav Arun, Advocate
L.P.A. No. 479 of 2018:
For the Appellant : Mr. Mrinal Kanti Roy, GA-I
Mr. Rakesh Ranjan, AC to GA-I
For the Respondent : None
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ORAL ORDER
08/Dated: 28th March, 2023
L.P.A. No. 380 of 2018:
The instant appeal has been filed against the order/judgment dated
19.01.2018 passed by the learned Single Judge of this Court in W.P.(S) No.
6329 of 2007.
The ground has been taken by referring to the judgment rendered by
the Full Bench of the Patna High Court in Maheshwar Prasad Singh &
Ors. vs. The State of Bihar & Ors., 2000 SCC OnLine Pat 840 that the
Full Bench of the Patna High Court has laid down the lay that the passing
of the accounts examination in terms of the provision of Rule 157(3)(J) of
the Rules, 1958 of the Bihar Board Miscellaneous Rules is mandatory.
Learned counsel for the respondent-writ petitioner has submitted that in
the facts and circumstances of the case, there is no applicability of the ratio
laid down by the Full Bench of the Patna High Court in Maheshwar
Prasad Singh & Ors. vs. The State of Bihar & Ors. (supra) since the writ
petitioner had already been exempted from passing accounts examination
in view of the Government's own policy decision. Therefore, once the writ
petitioner has been exempted from passing the accounts examination, there
is no question to apply the ratio laid down by the Patna High Court wherein
the issue of exemption was not fell for consideration.
Mr. Toppo, learned counsel for the State-appellant has submitted that
since the aforesaid document has been brought on record by way of
interlocutory application which has been served today, therefore, he
intends to seek instruction on that.
Let him do so.
It is made clear that whatever affidavit is to be filed, the same may be
filed on or before the next date of hearing.
L.P.A. No. 479 of 2018:
None appears for the private respondent.
Mr. M.K. Roy, learned counsel for the State-appellant has submitted
that in the instant case, the judgment rendered by the Full Bench of the
Patna High Court in Maheshwar Prasad Singh & Ors. vs. The State of
Bihar & Ors. (supra) is squarely covered since in this case, no exemption
has been granted in passing the accounts examination.
Let an affidavit to that effect be filed on or before the next date of
hearing bringing on record the extract of the service book of the writ
petitioner.
List both the matters on 03.04.2023.
(Sujit Narayan Prasad, J.)
(Subhash Chand, J.)
Saurabh/-
