Patna High Court
Arvind Kumar Singh vs The State Of Bihar on 4 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11651 of 2025
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Arvind Kumar Singh Son of Late Ram Bhajan Singh, Resident of 12,
Kadamkuan, Nala Road, Anant Saw Ki Thakurbari, P.S.- Kadamkuan,
District- Patna- 800003.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Registration, Excise
and Prohibition, Bihar, Patna.
2. The Commissioner, Department of Registration, Excise and Prohibition,
Government of Bihar, Patna.
3. The Assistant Commissioner, Department of Registration, Excise and
Prohibition, Government of Bihar, Patna.
4. The Deputy Commissioner, Prohibition and Excise, Bihar, Patna.
5. The Accountant General, Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar Tripathy, Advocate
For the Respondent/s : Mr. Birju Prasad, GP-13
Mr. Ajit Anand, AC to GP-13
For the A.G. : Mr. Bindhyachal Rai, Advocate
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 04-08-2025
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Accountant
General.
2. The present writ petition has been filed by the
petitioner with the following reliefs:
"(i) For issuance of a Writ in the
nature of Writ of Certiorari for quashing
the impugned Reasoned Order, dated
Patna High Court CWJC No.11651 of 2025 dt.04-08-2025
2/4
21.5.24
, passed under the signature of
Deputy Commissioner, Prohibition and
Excise, Bihar, Patna, issued vide Memo
No.2076, dated 24.05.2024, whereby and
whereunder the application dated
08.04.2024 of the petitioner has been
rejected and the petitioner has been
deprived from the benefit of Second A.C.P.
and Third A.C.P.
(ii) For issuance of a Writ in the
nature of Writ of Mandamus for
commanding and directing the respondents
to give the benefit of Second A.C.P. and
Third A.C.P. to the petitioner.
(iii) For granting any other
relief/reliefs for which the petitioner is
found entitled in the facts and
circumstances of the case."
3. Learned counsel for the petitioner submits that
petitioner had earlier moved before this Hon'ble Court in
CWJC No.15931 of 2022 in which this Hon'ble Court vide
order dated 20.03.2024 had pleased to grant liberty to the
petitioner to file representation before respondent No.2, the
Commissioner, Department of Registration, Excise and
Prohibition, Government of Bihar, Patna, and respondent
No.2, the Commissioner, Department of Registration, Excise
Patna High Court CWJC No.11651 of 2025 dt.04-08-2025
and Prohibition, Government of Bihar, Patna, was directed to
pass a reasoned and speaking order. Counsel submits that
order has been but no relief has been granted, therefore, he
has filed the present writ petition.
4. Learned counsel for the State is present and
submits that reasoned and speaking order has been passed,
which is Annexure-P/15. He submits that in the reasoned
order it has been categorically held that if any government
employee against whom criminal case is pending, then in that
case his promotion could not be considered during the said
period.
5. Learned Counsel for the Accountant
General, Bihar, is present.
6. After hearing the parties, a specific question
has been put by this Court to the Counsel for the petitioner
that whether criminal proceeding is still pending or it is
ended?
7. Learned Counsel for the petitioner fairly
submits that according to his knowledge criminal proceeding
is still pending against the petitioner.
8. As such, the petitioner is not entitled to any
relief at this juncture. If in future, the cause of action shall
Patna High Court CWJC No.11651 of 2025 dt.04-08-2025
arise in favour of the petitioner, he shall be at liberty to move
before the appropriate forum first for his relief.
9. With the aforesaid direction, the writ petition
stands disposed off.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.08.2025
Transmission Date
