Ram Bhajan Singh vs The State Of Bihar
2025 Latest Caselaw 4204 Patna

Patna High Court

Ram Bhajan Singh vs The State Of Bihar on 16 October, 2025

Author: Alok Kumar Sinha

Bench: Alok Kumar Sinha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.204 of 2024
                                           In
                    Civil Writ Jurisdiction Case No.14016 of 2012
     ======================================================
     Ram Bhajan Singh, Son of Late Bihari Singh, Resident of Village- Ramdiha,
     Police Station- Buxar(M), District- Buxar.

                                                               ... ... Appellant/s
                                    Versus
1.   The State of Bihar through the Principal Secretary, Road Construction
     Department, Bihar, Patna.
2.   The Principal Secretary, Road Construction Department, Bihar, Patna.
3.   The Chief Engineer, South Bihar Wing, Road Construction Department,
     Bihar, Patna.
4.   The Superintending Engineer, Bhojpur Road Circle, Ara.
5.   The Treasury Officer, Bhojpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mr.Anil Kumar Singh, Advocate
     For the Respondent/s   :     Mr.Government Advocate 13
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 16-10-2025

Short question for consideration in the present lis is

whether appellant is entitled to have the benefit of ACP in the

absence of passing departmental examination or not.

2. The present matter is covered by Full Bench

decision dated 28.06.2024 passed in CWJC No. 18727 of 2017

[Kamlanand Thakur Vs. The State of Bihar & Ors] and other

analogous matters. Accordingly, the appellant has made out a

case so as to interfere with the order of the learned Single Judge.

Patna High Court L.P.A No.204 of 2024 dt.16-10-2025

3. Accordingly, the impugned order dated 30.01.2024

passed by the learned Single Judge in CWJC No. 14016 of 2012

stands set aside. The concerned respondent is hereby directed to

re-visit in respect of appellant's claim for extending the benefit

of ACP in the light of Full Bench decision. The same shall be

examined with reference to the service particulars of the

appellant and respondents shall proceed to pass a detailed order

and communicate the same to the appellant within a period of

three months.

4. The LPA is allowed.

5. Pending I.A.(s), if any, stands disposed of.

(P. B. Bajanthri, CJ)

(Alok Kumar Sinha, J) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          17.10.2025
Transmission Date