Mahesh Prasad, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16879 of 2021 ====================================================== Mahesh Prasad, S/o Late Ram Prasad Singh, Resident of Village - Mathuriya, P.S. - Laheri, District - Nalanda, Pin Code - 803101 (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.

3.

The Deputy Secretary Road Construction Department, Govt. of Bihar, Patna. 4.

The Additional Secretary, Road Construction Department, Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr.Vasant Vikas, Advocate For the Respondent/s :

Mr.Syed Iqbal Ahmad ( SC-20 ) Mr. Mahendra Pd. Verma, AC to SC-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities for approval of the pending second and third Assured Career Progress (ACP)/Modified Assured Career Progress (MACP) which was not approved due to pending of criminal case bearing Trial No.503 of 2020 (G.R.

No.1108/2000), arising out of Jehanabad P.S. Case No. 298/2000

Patna High Court CWJC No.16879 of 2021(2) dt.07-02-2024 2/3 which was lodged against the petitioner and others in which the petitioner has been acquitted on dated 13.11.2020 by the Ld. Judicial Magistrate, Ist Class, Jehanabad and for any other relief for which the petitioner is found entitled, in the facts and circumstances of this case."

2.

At the outset, the learned counsel for the respondents has submitted, by referring to paragraph no. 9 of the counter affidavit filed in the present case, that since the petitioner has been acquitted in the criminal case, his case for grant of the benefits of second ACP and third MACP has been sent to the Departmental Screening Committee.

3.

In view of the aforesaid, this Court directs the respondents, more particularly, the Additional Chief Secretary, Road Construction Department, Government of Bihar, Patna to ensure that the claim of the petitioner for grant of the benefits of ACP/ MACP is decided, within a period of four weeks of receipt/production of a copy of this order.

Patna High Court CWJC No.16879 of 2021(2) dt.07-02-2024 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U