Patna High Court
Anju Kumari vs The State Of Bihar on 19 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7931 of 2021
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Anju Kumari W/o Sri Vivek Kumar Permanent Resident of Village and P.o
Teghra, P.S. Babubarhi, District Madhubani, presently posted as Technical
Adviser to Supdt Engineer, P.H.E.D. Muzaffarpur, District Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Department of Public
Health Engineering, Govt. of Bihar, Patna.
2. The Secretary, Public Health Engineering Department, Patna.
3. The Principal Secretary, General Administration, Govt. of Bihar, Patna.
4. The Additional Secretary, Gen. Administration, deptt. Govt. of Bihar, Patna.
5. The Service Complaint Redressal Officer, P.H.E.D. Department, Patna.
6. The Departmental Appellate Authority, P.H.E.D. Department, Patna.
7. Kalika Prasad, presently posted as Superintending Engineer PHED Circle
Sasram.
8. Nityanand Prasad, presently posted as Joint Secretary PHED (HQ), Patna
and in-charge Supdt Engineer PHED Circle Ara.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Amarendra Narayan, Advocate
For the Respondent/s : Mr. S.Raza Ahmad, AAG 5
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 19-05-2022
Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i. Quashing order dt. 22.06.2020 (Anx.-2)
and the decision of the Departmental Screening
Committee dated 28.5.20 on its agenda no.59 keeping
petitioner's 3rd ACP/MACP pending in the absence of
order on queries of pendency of criminal case against
her, as communicated through the order dated dt.
Patna High Court CWJC No.7931 of 2021 dt.19-05-2022
22.06.2020 passed in service complaint no.
8110127052002965, and for an order commanding
respondents to grant and extend her benefit of 3rd
ACP/ MACP with interest on all consequential arrear
for its delayed payments, since withholding benefit of
3rd ACP or considering petitioner for higher post (as
given to respdt no. 7 & 8) on the allegation of
pendency of Criminal case (Vigilance Case No. 32/12)
is unjustified. The vigilance department in its letter
no.132/2013 dt. 06.02 had already clarified her
position in the case as error of record as also the
guidelines of promotion pendency criminal case as
contained in Resolution in memo no. 7979 dt. 6.11.03,
the respondents cannot keep petitioner's ACP or
promotion on higher post on hold
ii. Quashing order dated 04.12.2020, dt.
27.06.2020 passed in service complaint no.
8110127052002965 passed by the Complaint redressal
officer (respdt no.5, the Seba Shikayat Nibaran
Padadhikari) PHED, communicating the decision of
the department of keeping meeting of all Departmental
Promotion Committee for considering all types of
promotion on hold vide memo no. 5066 dt. 11.4.2019
and further rejection of grant of 3RD ACP/MACP to
the petitioner. The petitioner, who had moved before
the appellate authority (respdt no. 6) also prays for
setting aside the order of Appellate Authority of
Employees Grievance (respdt. No. 6) dt. 4.12.2020
communicating rejection of appeal filed against order
dt. 27.06.20.
iii. The petitioner prays for considering her
case for promotion on higher post of Superintending
Engineer or in assigning officiating charge of this post
prior to considering such benefits to any person placed
below her in the seniority and gradation list as has
Patna High Court CWJC No.7931 of 2021 dt.19-05-2022
been extended to the private respondents
discriminately ignoring the petitioner."
3. On 12.05.2022, following order was passed:
"Heard learned counsel for the parties.
Short question for consideration is whether any
official can delayed promotion or any service benefit in the
absence of departmental charge memo or charge-sheet in a
criminal proceeding or not. Learned counsel for the petitioner
submitted that as on the date of ACP and MACP due no
charge-sheet in the criminal proceedings or departmental
charge memo was issued, therefore, the petitioner is entitled
to service benefits like ACP and MACP. On this point, counter
affidavit is silent, therefore, the Deputy Secretary (MC)-cum
P.H.E.D., Patna is hereby directed to appear in person also he
is directed to ascertain as to whether charge-sheet is framed
in the criminal case or not.
Re-list this matter on 19.05.2022."
4. The Deputy Secretary (MC)-cum-P.H.E.D., Patna Ms.
Poonam is present in the Court.
5. With reference to records, the Deputy Secretary
submitted that as on the date of due of A.C.P. and M.A.C.P. to the
petitioner no charge memo in the disciplinary proceedings or
charge sheet in the criminal proceedings was pending
consideration. In the light of these facts and circumstances,
Patna High Court CWJC No.7931 of 2021 dt.19-05-2022
petitioner is entitled to A.C.P. and M.A.C.P. as and when it was
due. The same shall be extended in passing speaking order and
further arrears shall be calculated and disbursed within a period of
three months from the date of receipt of this order, failing which,
the petitioner is entitled to interest @ 8 % per annum on arrears of
payment.
6. Accordingly order dated 22.06.2022, Annexure 2
stands set aside and petition is allowed.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
