Patna High CourtL.P.A/64/2015dismissed

Awadh Bihari Lal v. The State Of Bihar And ORS

2017-05-18Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.64 of 2015 IN Civil Writ Jurisdiction Case No. 13008 of 2006 =========================================================== Awadh Bihari Lal son of Late Chitra Narayan Lal Resident of Ratanpur, P.S. Kamtaul, District Darbhanga .... .... Appellant

Versus

1. The State of Bihar, Secretary-cum-Commissioner, Personnel and Administrative Department, Bihar, Patna

2. The Deputy Secretary, Personnel and Administrative Department, Bihar, Patna

3. The Special Secretary, Personnel and Administrative Department, Bihar, Patna

4. The Commissioner, Munger Division, Munger

5. The Collector, Jamui

6. The Deputy Development Commissioner, Jamui

7. The Secretary to the Commissioner, Munger Division, Munger

8. The D.C.L.R. Jamui-cum-Incharge, Magistrate, Sikendra and Alighang Block .... .... Respondents =========================================================== Appearance :

For the Appellant :

Mr. Syed Qaisar Hasan, Advocate For the Respondents : Mr. A.Ujjwal, SC-4 Mr. Maruth Nath Roy, AC to SC-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 18-05-2017 Since the writ application of the present appellant was dismissed by the learned single Judge vide order dated 26.08.2014 refusing to give any direction for grant of either promotion or benefit of A.C.P., the appeal has been preferred.

The learned single Judge has given the following reason for dismissing the writ application :

In the aforesaid facts and circumstances, this Court is not inclined to issue any direction to the respondents for granting any relief to the petitioner,

Patna High Court LPA No.64 of 2015 dt.18-05-2017 2/2 in view of the fact that the order/communication dated 22nd May, 2006, as contained in Annexure-20, rejecting his claim for exemption from passing the departmental examination has become final and also on the ground that a departmental proceeding is still pending against him.

Both the reasons provided by the learned single Judge are cogent and valid reasons to refuse grant of relief. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.05.2017 Transmission Date N/A