Raghunath Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5741 of 2018 ====================================================== Raghunath Prasad Singh Son of Late Ram Ratan Singh, at present resident of Mohalla- Jai Prakash Nagar, Police Station- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Agriculture Department, Bihar, Patna 2.

The Departmental Promotion Committee through the Chairman namely Agriculture Production Commissioner 3.

The Director Agriculture, Bihar, Patna.

4.

The Joint Director Agri. Engineering work Shop Agriculture Department, Bihar, Patna.

5.

The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr. Amit Kumar, Advocate For the Respondent/s :

Mr. Awanish Nandan Sinha -GP-21 Mr. Nilotpal Sharma, Advocate For Accountant General :

Mrs. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-09-2023 Heard the parties.

2. The present writ petition has been preferred for the following reliefs:

(i) for quashing of the minutes of meeting of the departmental promotion committee dated 28.10.2013 10 far it relates to the petitioner whereby the committee on the basis non-communicated ACR of the concerned period has held the petitioner ineligible to be given IIIrd M.A.C.P. w.e.f. 01.01.2009 in

Patna High Court CWJC No.5741 of 2018(3) dt.27-09-2023 2/3 PB.3+7600/-;

(ii) for direction upon the respondent authorities to consider and grant IIIrd M.A.C.P. w.e.f. 01.01.2009 as has been allowed to other with all consequential benefits;

(iii) for commanding the respondent no.1 to consider the detailed and exhaustive representation of the petitioner dated 21.11.2016 and followed by reminders and dispose it of by a speaking/reasoned order expeditiously.

3. On 06.04.2018, a co-ordinate Bench had directed the State to file counter affidavit.

4. Five years later, no counter affidavit is on record.

5. Instead of waiting for another five years, it would be appropriate that the respondents are directed to look into the representation preferred by the petitioner which according to him has already been incorporated in Annexures 4, 5 and 5/1 addressed to the Principal Secretary, Agriculture Department, Bihar, Patna (respondent no. 1).

6. The Principal Secretary is directed to look into the representation of the petitioner and pass necessary order within a period of four months from today.

7. If the representation is not available in the office, a

Patna High Court CWJC No.5741 of 2018(3) dt.27-09-2023 3/3 fresh representation can be sought for from the petitioner which he will be filing within a period of four weeks.

8. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U