Pinky Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17565 of 2018 ====================================================== Pinky Kumari, Daughter of Nand Kishor Saw, resident of Village- Mahauli, P.S. Parsa Bazar, Suitha, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, General Administrative Department, Government of Bihar, Patna.

2.

The Staff Selection Commission, Government of Bihar, Patna. 3.

The Chairperson, Bihar Staff Selection Commission, Veterinary College, Bihar, Patna.

4.

The Investigation Officer of SIT, Agamkuan P.S. Case NO. 44 of 2017 Dated 4.2.2017.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar, Advocate Mr. Anuj Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, GP-4 For the BSS Commission: Mr. S. S. Sundram, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 22-06-2021 Heard Mr. Sandip Kumar, learned counsel for the petitioner, State as well as Bihar Staff Selection Commission. The petitioner was selected in 2nd Graduate Level Combined Examination, 2014. However, her result has been kept on hold purportedly on the ground of pending SIT investigation. The enquiry with regard to corrupt practices in the matter of selection in Bihar Staff Selection Commission, the investigation of SIT is pending since 04.02.2017.

Patna High Court CWJC No.17565 of 2018 dt.22-06-2021 2/3 It appears that the investigation / enquiry is still inconclusive and one post is reserved for the petitioner. Considering the fact that investigation of SIT arising out of Agamkuan P.S. case no. 44 of 2017 is inconclusive even after four years and till date petitioner has not been made accused as yet and only on the suspicion that petitioner may be one of the beneficiary of the racket involved in manipulation of result, the selection of the petitioner has been kept on hold. The Court in the peculiar facts and circumstance of the case is constrained to direct the respondents to offer appointment to the petitioner subject to the final outcome in Agamkuan P.S. Case No.

44 of 2017 with subject to the further condition that the petitioner shall be allowed to join the post and after joining the petitioner would be paid only 25% of the salary prescribed for the post and remaining salary would be abide by the final outcome of Agamkuan P.S. case no. 44 of 2017. Further the salary (25% per month) is paid to the petitioner with the condition that she has to submit collateral security against the payment received by her.

Necessary follow up decision for appointment and joining of the petitioner must be taken by the respondents within a period of four months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.17565 of 2018 dt.22-06-2021 3/3 With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2021 Transmission Date NA