Babulal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21366 of 2019 ====================================================== Babulal Pandey Son of Late Ghar Bharan Pandey Resident of Village- Sujaon, P.S.- Nautan, district- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

2.

The Secretary (Expenditure) Finance Department Bihar, Patna. 3.

The Engineer in Chief Water Resources Department, Govt. of Bihar, Patna. 4.

The Chief Engineer Water Resources Department, Siwan. 5.

The Executive Engineer Saran Canal Division, Siwan. 6.

The Accountant General (A and E) Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Adv.

For the Respondent/s :

Mr. Binod Kumar Sinha, AC to (Gp7) For the AG Bihar :

Mr. Ram Kinker Chaubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner as well as counsel for the respondent.

2. The claim of the petitioner for grant of A.C.P has been rejected vide order dated 02.09.2019, Annexure-P/6 annexed with I.A. No. 01of 2025 which has challenged by the petitioner through I.A. Claim of the petitioner has been rejected on the ground that since he has not passed the departmental accounts examination therefore, he is not entitled to get any benefit of grant of A.C.P.

3. Taking into consideration the observation made by the full Bench of this Court in case of Kamlanand Thakur vs.

Patna High Court CWJC No.21366 of 2019(3) dt.18-08-2025 2/2 The State of Bihar reported in 2025 [2] PLJR - 623 and further taking into consideration the observation made by the Supreme Court in the case of Amresh Kumar Singh vs. The State of Bihar reported in 2023 [2] PLJR - 423, the impugned order dated 02.09.2019 with regard to the present applicant is set aside. The matter is remitted back to the respondents to reconsider the claim of the petitioner in light of the above referred judgments. The concerned authority is directed to pass a reasoned and speaking order as early as possible probably within 30 days from the receipt of the copy this order. (Arvind Singh Chandel , J) Siddharth Soni/- U