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Patna High CourtCWJC/15416/2025disposed

Rakesh Kumar v. The State Of Bihar

2025-09-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15416 of 2025 ====================================================== Rakesh Kumar Son of Sri Ramakant Kumar, Resident of Savitri Sadan, Mahavir Path, West Patel Nagar, P.S.- Shastri Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Transport Department, Govt. of Bihar, Patna.

2.

The State Transport Commissioner, Transport Department, Govt. of Bihar, Patna.

3.

The Secretary, Transport Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha Mr.Shrish Anurag For the Respondent/s :

Mr.Standing Counsel (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-09-2025 Heard the parties.

2. Learned counsel for the petitioner is permitted to add the Additional Chief Secretary, Transport Department, Government of Bihar, Patna as respondent no. 4 in the course of the day.

3. By way of this writ application, the petitioner has prayed for the following reliefs:- (i). For issuance of necessary direction upon the respondent authorities to grant promotion to the petitioner to the post of Additional District Transport Officer and equivalent in Pay Level-7 w.e.f. 27-06-2024, i.e., the date on which the persons junior to the petitioner have been granted

Patna High Court CWJC No.15416 of 2025(2) dt.22-09-2025 2/3 such promotion.

(ii). For holding that the order of punishment of censure for the year 2018-19 as communicated vide memo no. 12028 dated 09-092024 is not an obstacle in grant of promotion to the petitioner w.e.f. 27-06-2024 as in terms of Explanation-2 (i) of Rule-14 of the CCA Rules, 2005, the adverse effect of the punishment of censure ended in the year 2021-22.

(iii) For necessary direction upon the respondent authorities to grant all consequential benefits pursuant to the promotion to the petitioner w.e.f. 27-06-2024.

4. In view of the reliefs sought by the petitioner by way of this writ application, he is directed to file a representation before the Additional Chief Secretary, Transport Department, Government of Bihar within two weeks from today and if such a representation is filed by the petitioner, then the same shall be considered by the Additional Chief Secretary, Transport Department, Government of Bihar within four weeks from the date of filing of the representation.

5. While considering the representation of the petitioner, the Additional Chief Secretary, Transport Department, Government of Bihar will consider the contention of the petitioner that persons junior to the petitioner have been

Patna High Court CWJC No.15416 of 2025(2) dt.22-09-2025 3/3 granted promotion to the post of Additional District Transport Officer.

6. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U