Patna High Court
Ranjan Kumar Chauhan vs The State Of Bihar on 12 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10846 of 2020
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Ranjan Kumar Chauhan Son of Late Jiyalal Singh, resident of Mohalla -
Professor Colony, Ward No. 6, Nirmali, P.S. Nirmali, District - Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, General Administration
Department, Bihar, Patna.
2. The Principal Secretary Department of Finance, Government of Bihar,
Patna.
3. The Joint Secretary, General Administration Department, Bihar, Bihar,
Patna.
4. The Deputy Secretary, General Administration Department, Bihar, Bihar,
Patna.
5. The Under Secretary, General Administration Department, Bihar, Bihar,
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Indu Bhushan, Advocate
For the Respondent/s : Mr. Prabhat Kumar Verma, AAG 3
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 12-01-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 Pandemic.
In the instant petition, petitioner has prayed for the
following reliefs:-
"For issuance of an
appropriate writ in the nature of
Mandamus commanding the responsible
respondents for a direction to give all the
promotion i.e. Junior Selection grade,
senior selection grade and benefit of
second A.C.P. with all the consequential
benefits with retrospective effect as the
officers of 36th Batch of Bihar
Administrative Service and Officers of
Patna High Court CWJC No.10846 of 2020 dt.12-01-2022
35th Batch of Bihar Administrative Service
have already been given promotion of
junior selection grade and senior
selection grade and benefit of second
A.C.P. those were junior to the petitioner
and equivalent to the petitioner except the
petitioner which will be apparent from the
Civil List of 2019 dated 01.12.2019
(contained in Annexure-6) issued by the
General Administration Department,
Bihar, Patna. Considering the
representation of the petitioner dated
16.03.2020 (contained in Annexure-5)
and also to give regard of letter no. 3113
dated 28.02.2012 (contained in Annexure-
2) passed by respondent no. 4 as in the
light of order dated 07.12.2011 passed in
C.W.J.C. No. 21484 of 2011 and
representation dated 12.07.2010 given by
the petitioner, the respondent no. 4 vide
letter no. 31113 dated 28.02.2020
(contained in Annexure-2) informed the
petitioner that his representation has been
considered and it was found that there is a
case against the petitioner bearing
Bariyarpur P.S. Case No. 143 of 1993
wrongly mentioned in this letter, perfect
number of the case is Bariyarpur P.S.
Case No. 145 of 1993 in which sanctioned
has been issued and in the meeting of
Departmental Proceeding Committee
(DPC) dated 12.11.2008 decision was
taken to keep one post reserve for the
petitioner and now the petitioner has been
acquitted in connection with Bariyarpur
P.S. Case No. 145 of 1993, but despite
representation dated 16.03.2020 not any
promotion has been given to the
petitioner."
In support of the aforesaid relief petitioner is stated to
have submitted a representation dated 16.03.2020 (Annexure-5).
Patna High Court CWJC No.10846 of 2020 dt.12-01-2022
He is also relying on earlier decisions. The same shall be taken
into consideration along with the service particulars of the
petitioner. If the petitioner is otherwise eligible service benefits
shall be extended including monetary benefits and if the petitioner
is not entitled the relief sought in that event necessary speaking
order shall be passed and communicated to the petitioner.
With the aforesaid observations, the present writ petition
stands disposed off.
(P. B. Bajanthri, J)
Vikash/-
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