Ramesh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8667 of 2017 ====================================================== Ramesh Kumar Singh Son of Shri Ram Darshan Singh, resident of Village and Post Office Lakshman Chapra, P.S. Dokti, District- Balia, Uttar Pradesh, at present residing at Headquarter BMP- 8, Begusarai, P.S. and DistrictBegusarai Bihar. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Director General of Police, Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Director General(B.M.P.), Bihar, Patna

4. The Additional Director General(B.M.P.), Bihar, Patna

5. The Inspector General of Police B.M.P, Pant Bhawan, Patna.

6. The Deputy Inspector General of Police (B.M.P.) Uttari Mandal, Muzaffarpur.

7. The Commandant, B.M.P.- 8, Begusarai.

8. Shri Rajaram Paswan, son of name not known, at present, residing at B.M.P13, P.S.-Darbhanga, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar Singh, Adv For the Respondent/s :

Mr.Manish Kumar-GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 31-01-2019 The petitioner, who was appointed on the post of Water Carrier, which is a Class-IV post, on 17.08.2002 in B.M.P.-8, Begusarai. At the time when he was inducted in service, he had a VIIth Class qualification but during the tenure of his service, he passed Matriculation Examination in the year 2011 and also cleared his Intermediate Examination in 2014. The aforesaid higher qualifications were obtained by the petitioner after seeking the leave of the Department. The aforesaid certificate of the Intermediate

Patna High Court CWJC No.8667 of 2017 dt.31-01-2019 2/3 Examination which was submitted by the petitioner was verified and after verification, the same was received in the records on 12.08.2016. It appears and which fact has been admitted by the respondents that due to clerical mistake, the factum of the petitioner having passed Intermediate Examination, which would have been the basis of his promotion and seniority, was not entered in his service book. The learned counsel for the State has informed this Court that a departmental proceeding has been initiated against such erring employee because of whom the relevant information about the petitioner having passed the Intermediate Examination could not be entered in his service book.

It further appears from the records that a meeting of the Departmental Promotion Committee of the Clerical Cadre was held under the Chairmanship of the D.I.G. Military Police, North Division, Muzaffarpur where the case of the petitioner was considered along with others. The Commandment, B.M.P-8, Begusarai, who has sworn the counter affidavit has categorically stated that the

Patna High Court CWJC No.8667 of 2017 dt.31-01-2019 3/3 case of the petitioner is being looked into and, for sure, an order shall be passed regarding the fixation of seniority and promotion to the petitioner, in a short while. This Court expects that an order in that regard shall be passed at the earliest preferably within a period of three months so that the petitioner is not left out, without any fault on his part.

With the aforesaid observation, the writ petition is disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05/02/2019 Transmission Date NA