Patna High Court
Arun Kumar vs The State Of Bihar And Ors on 8 December, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9333 of 2012
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Arun Kumar Son Of Sri Phul Singh Presently Posted As Assistant, Civil
Court, Hilsa Nalanda
... ... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Law Department, Bihar,
Patna.
2. The District And Sessions Judge, Nalanda At Biharsharif
3. The Addl. District Judge, Sdr. Hilsa Civil Court, Hilsa
4. The Judge Incharge, Administration, Biharsharif, Nalanda
5. The Judge Incharge Accounts Biharsharif, Nalanda
6. The Registrar, Civil Court, Biharsharif, Nalanda
7. The Accountant , Civil Court Biharsharif Nalanda
8. The District Accounts Officer, Nalanda
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Sinha, Advocate
For the Respondent/s : Mr. Raghwanand, GA 11
Mr. Sanjay Kumar Tiwari, AC to GA 11
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 08-12-2023
Heard Mr. Shailendra Kumar Sinha, learned counsel
for the petitioner and Mr. Raghwanand, learned counsel
appearing on behalf of the State.
2. The present writ petition has been filed for quashing
the order dated 17.11.2011 (Annexure 11) passed by District &
Sessions Judge, Nalanda at Biharsharif (Respondent No. 1) by
which the respondent no. 1 has erroneously recalled the order of
monetary benefits of ACP and need based post allowed to the
petitioner on the sole ground that as per the report of the
Patna High Court CWJC No.9333 of 2012 dt.08-12-2023
2/6
Accountant, Civil Court Biharsharif, entry of result of
Departmental examination was not done in the service book of
the petitioner.
3. Learned counsel for the petitioner submits that the
petitioner was working as Assistant in the Civil Court, Hilsa
(Nalanda) since 06.05.1978 was given promotion against the
need based post and was allowed the increased pay scale of the
said post vide order dated 08.05.2022 contained in letter no. 70
of 2022 issued by the Judge Incharge (Accounts) Biharsharif
after receipt of attestation from the District Accounts Officer,
Nalanda. Since thereafter, the petitioner was functioning on the
upgraded scale and was allowed to work as Accountant, Civil
Court, Hilsa Nalanda.
4. Learned counsel for the petitioner submits that the
petitioner was granted upgraded pay scale against the need
based post after due verification by the District Accounts
Officer, Nalanda but suddenly he has received a letter contained
in memo no. 3242 dated 10.12.2010 issued by the Judge
Incharge, Administration, Biharsharif directing the petitioner to
submit a report with regard to passing of Departmental
examination within two days as it does not appear from perusal
of the service book of the petitioner. Pursuant to the aforesaid
Patna High Court CWJC No.9333 of 2012 dt.08-12-2023
3/6
letter, the petitioner has replied vide letter dated 18.12.2010
stating therein that prior to 1978, he was posted at Gaya where
he passed the Hindi exam, but was unable to give details of the
same as the documents were at Gaya.
5. Again the respondent no. 3 again sent a notice vide
memo no. 350 dated 11.12.2011 asked the petitioner as to
whether he has passed the departmental examination part 1 & 2
as per the Civil Court Rules which does not appear from the
reply submitted by the petitioner and as to why the promotion
and ACP already granted to the petitioner be not withdrawn. The
petitioner has replied to the same vide his letter dated
19.02.2011
stating therein that he has already passed the
requisite departmental examinations part 1 & 2 but by mistake
had mentioned only about passing of Hindi Examination in his
earlier reply. Again the petitioner had received a notice dated
25.02.2011 issued by respondent no. 3 to submit certificate of
passing of the departmental examinations within 15 days.
Respondent no. 3 has given one week more time by way of last
indulgence to the petitioner to produce/submit his certificate
with regard to the passing of departmental examination,
otherwise steps shall be taken for recovery of the amount which
was given to the petitioner by way of promotion. The petitioner
Patna High Court CWJC No.9333 of 2012 dt.08-12-2023
has further received notice dated 19.10.2011 issued by
respondent no. 3 directing the petitioner to submits the requisite
certificates otherwise steps shall be taken for withdrawal of the
promotion and recovery of the access amount. Pursuant to the
aforesaid letter of the respondent no. 3, the petitioner has filed
reply dated 03.11.2011 requested the respondent no. 1 to call for
a report from the concerned authority where the petitioner has
deposited all his certificate and after verification thereof he was
allowed promotion. But the respondent no. 1 without calling a
report from the concerned authority and even the District
Accounts Officer, Nalanda on whose approval the petitioner
was allowed promotion against the need based post on the
upgrade scale has recalled the order of the promotion of ACP
and need based post by order dated 17.11.2011 (Annexure 11)
on the sole ground that since there is no entry made in the
service book of the petitioner with regard to passing of
departmental examination.
6. Learned counsel for the petitioner further submits
that after verifying the genuineness of the claim of the petitioner
that he has passed the requisite examination and due verification
the concerned respondent has given the promotion to the
petitioner and as per the request of the petitioner that same may
Patna High Court CWJC No.9333 of 2012 dt.08-12-2023
be verified from the concerned authority and without verifying
the same from the concerned authority, the annexure has been
passed by the respondent no. 1.
7. Learned counsel for the State submits that due to
non passing of the requisite examination, the promotion of the
petitioner was cancelled by the competent authority and it is
requisite qualification that without passing the requisite
examination the petitioner has wrongly given promotion and it
is fact that of non passing of departmental examination part 1 &
2 which are condition precedent for promotion under need based
policy came in light during the inspection of the service book of
the senior-most staffs of this Judgeship in the year 2010 and
thereafter, a notice was served upon the petitioner to submit the
requisite certificate of passing the departmental examination of
part 1 & 2 but he has not submitted the same, so the authority
has rightly cancelled the promotion of the petitioner.
8. In view of the aforesaid it appears that respondents
after due verification has allowed the petitioner to the promotion
and the respondents have organized the examination in question
and without verifying / call for a report from the concerned
authority whether the petitioner has passed the examination in
question and passed the aforesaid order and the petitioner has
Patna High Court CWJC No.9333 of 2012 dt.08-12-2023
already requested to the authority to call for report from the
concerned authority to check whether the petitioner has
deposited the certificates or not but the respondent authority
without verifying the same has passed the impugned order.
9. Accordingly, the order dated 17.11.2011 (Annexure
11) is set aside and the respondent is directed to pay all the
consequential benefits to the petitioner within period of 3
months from the date of production of this order.
10. This writ petition stands disposed of.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.12.2023.
Transmission Date N/A
