The State Of Bihar v. Arun Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.431 of 2022 In Civil Writ Jurisdiction Case No.9639 of 2020 ====================================================== 1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Additional Chief Secretary/Principal Secretary, Labour Resources Department, Govt. of Bihar, Niyojan Bhawan, Patna. 3.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Commissioner, Labour Resources Department, Govt. of Bihar, Patna. 5.

The Joint Commissioner, Labour Resources Department, Govt. of Bihar, Patna.

... ... Appellant/s

Versus

Arun Kumar Son of Late Ram Darshan Prasad, resident of House No. 3/1, New Alkapuri, P.O. Anisabad, P.S. Gardanibagh, Patna-800002, superannuated as Labour Superintendent-cum-Deputy Registrar, Trade Union, New Secretariat, Bihar, Patna.

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

For the Appellant/s :

Mr. Ranjit Kumar, AC to GP-26 For the Respondent/s :

Mr. Arun Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 22-04-2025 Re: I.A. No. 1 of 2022 The learned counsel for the appellant presses the afore-noted interlocutory application for condoning the delay of 6 months and 29 days in preferring this appeal.

Patna High Court L.P.A No.431 of 2022 dt.22-04-2025 2/3

2. For the reasons stated in the application, the delay of 6 months and 29 days in preferring this appeal is condoned.

3. I.A. No. 1 of 2022 stands allowed.

Re: L.P.A. No. 431 of 2022

4. We have heard the learned counsel for the parties.

5. By the impugned judgment dated 20.12.202 in C.W.J.C. No. 9639 of 2020, the learned Single Judge has remanded the matter to the concerned authority for taking a fresh decision regarding grant of 3rd MACP to the respondent, but only after affording him the copies of the ACRs, which have been relied upon for keeping him out of that concession.

6. The learned Single Judge, in our estimation, is absolutely justified in holding that the 3rd MACP to the respondent could not have been withheld without affording him an opportunity of knowing his ACR, which had been considered and MACP was withheld.

Patna High Court L.P.A No.431 of 2022 dt.22-04-2025 3/3

7. The State/concerned authority shall be under an obligation to take a fresh decision in the matter after providing the respondent with his ACRs, which have been relied upon for the decision.

8. There is absolutely no merit in this appeal.

9. The appeal is dismissed.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Manoj/SujitAFR/NAFR NAFR CAV DATE NA Uploading Date 23.04.2025 Transmission Date NA