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Patna High CourtCWJC/5034/2016dismissed

Prabhanshu Shekhar v. The State Of Bihar And ORS

2019-11-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5034 of 2016 ====================================================== Prabhanshu Shekhar son of Damodar Sahu R/o -3A, Block Shivganga Apartment New Tolia Chouk, P.S.Zero Mile, Dist. Bhagalpur ... ... Petitioner

Versus

1. The State Of Bihar

2. The Secretary Water Resources Department, Bihar, Patna.

3. The Joint Secretary Management Water Resources Department, Bihar, Patna.

4. The Under Secretary, Management Water Resources Department, Bihar, Patna.

5. The Officer on Special Deputy Water Resources Department, Bihar, Patna.

6. The Accountant General (A &E) Bihar,Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the State :

Mr. Ravi Bhardwaj AC to GA-13 For the A.G.

:

Mr. Raj Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 21-11-2019 The only issue, which now survives in the instant proceedings, is whether the date from which the benefit of 1st Assured Career Progression ( for short 'A.C.P') has been granted to the petitioner is the date from which he is entitled to the same or from an earlier date?

Learned counsel for petitioner submits that instead of 25.09.2004, benefits on account of 1st A.C.P. ought to have been granted w.e.f. 2001 itself.

The authorities, in the counter affidavit, have placed on record the fact that in the year 1999 to 2000, the petitioner was censured and punishment of withholding of one increment with

Patna High Court CWJC No.5034 of 2016 dt.21-11-2019 2/2 cumulative effect was awarded. As a result of such punishment. The benefit of 1st A.C.P. has been granted on 25.09.2004, i.e., after effect of the punishment of censure had lapsed. Till date no rejoinder/ reply to the counter affidavit, disputing this aspect of the matter, has been filed in spite of specific adjournment earlier granted by this Court. On account of effect of the punishment of censure, the grant of A.C.P. w.e.f. 25.9.2004, after lapse of its effect does not require any interference.

The writ petition stands dismissed.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.11.2019 Transmission Date N/A