Patna High Court - Orders
Shambhu Nath Chaudhary vs The State Of Bihar & Ors on 8 November, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10590 of 2010
1. Shambhu Nath Chaudhary, S/O Sri Shio Kumar Chaudhary,
R/O Village Jalalpur, P.S. Simari, District- Bhojpur,At Present
Posted As Correspondence Clerk, In The Office Of Asst. Engineer,
Minor Irrigation, Pramandal, Bhagalpur.
Versus
1. The State Of Bihar Through The Secretary, Department Of Minor
Irrigation,Government Of Bihar, Patna.
2. The Chief Engineer, Department Of Minor Irrigation,Government
Of Bihar, Patna.
3. The Superintending Engineer, Minor Irrigation ,Circle,
Bhagalpur,Bihar.
4. The Executive Engineer, Minor Irrigation ,Division,
Bhagalpur,Bihar.
5. The Accountant General, Bihar, Birchand Patel Marg, Patna-1.
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2. 08.11.2011Heard learned counsel for the petitioner, the State and for the Accountant General.
The petitioner is aggrieved by the order dated 30.9.2009 reducing, re-fixing and directing recovery of salary paid in excess on the ground that the time bound promotion granted to him on 3.8.1990 was erroneous insofar as he had not passed the departmental examination which surfaced in an audit objection of 2008.
Learned counsel for the petitioner submits that the order is highly belated. A supplementary affidavit filed today in Paragraph-7 states that the petitioner has cleared the departmental examination finally in the year 2008.
Counsel for the State rightly submits that he is not in a position to make any submission on 2 the supplementary affidavit filed today bringing new facts in absence of a counter affidavit.
The original writ petition did not contain any denial of the fact mentioned in the impugned order that the petitioner had not passed the departmental examination.
Rather than to call for a counter affidavit, the matter is disposed with direction to the petitioner to submit a representation before the respondents disclosing the fact of his having passed the departmental examination. The Court expects that if as a matter of fact the petitioner has passed the departmental examination, keeping in mind the long years since 3.8.1990 it may not be very relevant when he has passed the examination. If the respondents are satisfied that the petitioner has in fact passed the departmental examination and the only ground mentioned in the impugned order dated 30.9.2009 no more survives let appropriate corrective action be taken immediately including refund of deductions made, if any, preferably within a maximum period of three months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)