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Patna High CourtCWJC/683/2026disposed

Sudhir Kumar v. The State Of Bihar

2026-02-03Mr. Justice Praveen Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.683 of 2026 ====================================================== Sudhir Kumar S/o- Late Rajendra Prasad Yadav, R/o- Village- Manikpur Mushhariya, P.S.- Parihar, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Agriculture Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Agriculture Department, Govt. of Bihar, Patna. 3.

The Director Agriculture, Agriculture Department, Govt. of Bihar, Patna. 4.

The Joint Secretary, Agriculture Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashwant Kumar @ Chaman For the Respondent/s :

Mr.Government Pleader (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 03-02-2026 Heard learned counsel for the parties.

2. The petitioner has filed this writ application for following reliefs:- "(I) For commanding and directing the respondent authorities to consider and grant promotion to the petitioner on the post of Sub-Divisional Agriculture Officer/Deputy Project Director (ATMA) and Assistant Director (Agronomy) and equivalent posts in pay level-9 in the light of Rules, 2023 issued under Notification No.-19300 dated 13.10.2023 by the General Administration Department from the dates the Junior to the petitioner has been granted with all consequential

Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026 2/3 benefits.

(II) For direction upon the respondent no.-2 to consider the representation of the petitioner dated 17.12.2025 and take an appropriate decision in accordance with law expeditiously and grant officiating promotion to the petitioner on the higher post from the date the junior have been so granted with all consequential benefits.

(III) To hold that neither departmental proceeding nor judicial proceeding was pending either on the date of meeting of Departmental Screening Committee i.e. 08.01.2025 or on the date of issuance of Notification No.-171 dated 15.01.2025 and therefore, any subsequent issuance and service of memo of charge will not come in the way of granting officiating promotion to the petitioner on the higher post.

(IV) For any other relief/reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."

3. At the very outset, it is submitted by the learned counsel for the petitioner that he would be contended with the fact that his representation dated 17.12.2025 as contained in Annexure-P/3 be disposed of by the authorities/respondent no.2

Patna High Court CWJC No.683 of 2026(2) dt.03-02-2026 3/3 by speaking order.

4. Be that as it may, in the interest of justice and upon submission of the learned counsel for the petitioner, it is directed that the respondent no.2 shall consider all the aspects of the matter and the grounds mentioned in the representation after affording an opportunity of hearing to the petitioner and pass a reasoned and speaking order, in accordance with law, within a period of four weeks from the date of receipt of the representation, which may be communicated to the petitioner.

5. Accordingly, this writ application stands disposed of in the aforesaid terms.

(Praveen Kumar, J) shivam/- U