Patna High Court
Rakesh Kumar vs The State Of Bihar And Ors on 24 March, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17828 of 2013
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Rakesh Kumar Son Of Late Ramashish Sah Present Add.- Resident Of
Mohalla- Sidharth Puram Lane No.- 1 P.O.- Ramana P.S.- Sadar, District-
Muzaffarpur and Vill.- Chhajan P.S. Turki Dist.- Muzaffarpur
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Chief Engineer, Water Resources Department, Muzaffarpur
3. Superintending Engineer, Drainage, Investigation Circle Muzaffarpur
4. The Executive Engineer, Water Ways Division, Muzaffarpur
5. The Commissioner, Tirhut Division, Muzaffarpur
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shankar Kishore Shahi, Adv
For the Respondent/s : Smt. Anuradha Singh (SC-21)
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CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 24-03-2026
Heard the parties.
2. The present writ petition has been filed for the
following reliefs:-
"That this is an application for issuance of a
writ in the nature of certiorari for quashing
the letter no.-3137 dated 14. 11. 12 issued
under the signature of Chief Engineer
respondent no.2 whereby and whereunder he
has kept as assual order no.-2 cum memo
no.-1051 dated-13.4.12 whereby and
whereunder the first time bound promotion
of the petitioner is cancelled with
retrospective effec.
It is further prayed that to effect the letter
Patna High Court CWJC No.17828 of 2013 dt.24-03-2026
2/11
no.-1339 dated- 21.12.12 issued under the
signature of Executive Engineer respondent
no.4 whereby and whereunder he asked to
show cause to the petitioner in the light of
letter no.-3137 dated 14.11.12 while from
perusal of the said letters it transpire that to
contradicts each others."
3. The learned counsel for the petitioner submits
that initially the petitioner was appointed in work charge
establishment in 1971 as a Gaize reader cum Gate Operator, and
thereafter he was appointed as Lower Division Clerk (Revenue)
vide Memo no. 2810 dated 05.09.1978. The first time bound
promotion was given to the petitioner on completion of 10 years
of service w.e.f. 05.09.1988 vide Memo No. 1541 dated
22.07.1989. It is the case of the petitioner that he passed the Accounts Examination on 16.01.2010 and superannuated from service as a Correspondence Clerk on 31.01.2010. It is further case of the petitioner that although the petitioner was entitled for grant of ACP benefits, however, the same was not granted. The petitioner along with others vide C.W.J.C. No. 4940 of 2007 and the said C.W.J.C. was disposed of vide order dated 18.10.2011 with a direction to the Superintending Engineer to forward the case of the petitioner No. 2, (i.e. the petitioner here) 4, 5, 8 and 13 to the Divisional Commissioner within two months from the Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 3/11 date of receipt of a copy of the order before the Superintending Engineer for consideration of their prayers for grant of exemption, in the light of circular dated 15.05.1992 and it was directed to consider the same within another two months along with the case of the petitioners No. 01 to 03 and 10, which is already pending before the Divisional Commissioner. It was directed that it goes without saying that the petitioners who are granted exemption by the Divisional Commissioner from appearing in the departmental accounts examinations be granted ACP benefits from the date of grant of exemption within another one month from the date of receipt of/exemption order. It is further case of the petitioner that despite the order dated 18.10.2011, the petitioner was not granted the said benefit. All of a sudden, vide Memo No. 1051 dated 13.04.2012 issued under the signature of the Chief Engineer, Water Resource Department, Muzaffarpur, the time bound promotion given to the petitioner was withdrawn/cancelled on the ground that the petitioner has not passed the Accounts Examination. Being aggrieved with the order dated 13.04.2012 the petitioner filed a writ petition bearing C.W.J.C. no 13577 of 2012 and same was disposed of by a Co-ordinate Bench of this Court vide order dated 21.09.2012 whereby a direction was issued to the Chief Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 4/11 Engineer, Water Resource, Irrigation Department, Muzaffarpur to re-examine the matter of petitioner with regard to the cancellation of the first time bound promotion in the light of the judgment of this Court as contained in Annexure-6 to the writ petition and pass appropriate order accordingly within a period of three weeks from the date of receipt/production of a certified copy of the order. It is further case of the petitioner that in compliance of the order dated 21.09.2012 passed in C.W.J.C. No. 13577 of 2012, the Chief Engineer, Water Resource Department, Muzaffarpur vide Letter No. 3137 of 14.11.2012, without even considering the facts proceeded to pass an order, that Memo No. 1051 dated 13.04.2012 will remain as it is. Meaning thereby that the order of cancellation of first time bound promotion dated 13.04.2012 was not interfered with by the Chief Engineer, Water Resource Department, Muzaffarpur. It is the case of the petitioner that prior to issuance of Memo No. 1051 dated 13.04.2012 or even before issuance of Letter No. 3137 dated 14.11.2012, no notice whatsoever was served upon the petitioner, although there is a mention in the order dated 14.11.2012 with regard to service of notice upon the petitioner vide Letter No. 1261 dated 30.04.2009 and Letter No.1725 dated 09.06.2009, but from the impugned order dated Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 5/11 14.11.2012 itself, it would transpire that the said letters were not served upon the petitioner and for such lapses on the part of the employees concerned, the Chief Engineer, Water Resource Department, Muzaffarpur had directed for identification of the concerned employees, due to lapses on whose part, both the letters were not served upon the petitioner.
4. The learned counsel for the petitioner submits that similarly situated employees have been granted benefits by different Benches of this Court Vide order dated 19.11.2010 passed in C.W.J.C. No. 8775 of (Mahesh Prasad Shahi Vs. State of Bihar and Ors.), order dated 06.02.2013 passed in C.W.J.C. No. 905 of 2013 (Krishna Kumar Vs. The State of Bihar and Ors.), order dated 02.12.2014 passed in C.W.J.C. No. 15349 of 2012 (Nagendra Nath Thakhur Vs. The State of Bihar and Ors.) and order dated 27.04.2016 passed in C.W.J.C. No. 18053 of 2011 (Trilok Nath Mishra Vs. The State of Bihar & Ors.). The learned counsel for the petitioner submits that the case of the petitioner is identical to the persons who had approached this Court by filing the above mentioned writ petition and therefore petitioner is entitled for the same relief, which has been granted to the above mentioned writ petitioners.
5. The learned counsel for the petitioner further Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 6/11 submits that there is no requirement of passing departmental Accounts Examination for grant the benefits of ACP and the law in this regard is no more res integra in view of the full Bench decision of this Court passed in (C.W.J.C. No. 18727 of 2017 (Kamlanand Thakur Vs. The State of Bihar & Ors) and its analogues cases, wherein in paragraph no. 48 of the Hon'ble Full Bench of this Court has held as follows:-
"48. Thus, the questions stand answered as follows:-
(A.) Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958, requiring passing of Departmental Accounts Examination for promotion, is not applicable in case of grant of A.C.P. benefits under the A.C.P. Rules, 2003;
(B.) Rule 157(3)[J] of the Bihar Board's Miscellaneous Rules, 1958 is confined to passing of preliminary examination/final examination in Accounts only for the purposes of confirmation, crossing the efficiency bar and promotion to Selection Grade only and not for regular promotion; (C.) Rule 4(5) of the A.C.P. Rules, 2003 even though provides that the prescribed requirements and mode of Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 7/11 sanction of financial progression under the scheme (A.C.P. scheme) shall be the same which are prescribed under the Recruitment/Service Rules for regular promotion against vacancies and if the Rules/Resolutions prescribe passing of Departmental Examination or any qualification for promotion, that shall also be an essential condition for sanction of benefit under the scheme will not affect the claim for grant of A.C.P. after completion of twelve/twenty four years of service for the reason that such financial progression under the A.C.P. scheme is only in situ promotion and nothing more. This is even notwithstanding any such requirement of passing any Departmental Examination or acquiring any educational qualification for promotion under the Service/Recruitment/Promotion Rules.
6. Per contra, the learned counsel appearing on behalf of the State-respondents submits, by referring to paragraph No. 07 and 13 of the counter affidavit filed on behalf of the respondent No. 02 to 05, submits that from the reasoned order dated 14.11.2012 passed by the Chief Engineer, Water Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 8/11 Resource Department, Muzaffarpur, it appears that show cause notice was issued to the petitioner through office of the Superintending Engineer/Executive Engineer vide Letter No. 1261 dated 30.04.2009 issued by the Chief Engineer and a reminder was also sent vide Letter No. 1725 dated 09.06.2009, but the petitioner failed to submit any reply. It has further been submitted that the petitioner never sought any exemption during a service period and he appeared in the examination at the fag end of his career, but could not pass the same finally.
7. The learned counsel for the respondents-State further submits that the order passed by the Chief Engineer, Water Resource Department, Muzaffarpur contained in Memo no. 3137 dated 14.11.2012 is in accordance with law and there is no infirmity in the same, since the petitioner did not pass departmental examination/accounts examination, therefore, he has been denied the benefits of time bound promotion/ACP benefits.
8. Having heard the learned counsel for the parties and after going through the materials available on records, this Court finds that the order impugned contained in Memo No. 3137 dated 14.11.2012 has been passed in complete violation of the principles of natural justice, since admittedly before passing Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 9/11 of the said order, no notice whatsoever was given to the petitioner to place his case and he was never given any opportunity to appear before the authority concerned, to submit any document or explanation and the order passed by the Chief Engineer, Water Resources Department, Muzaffarpur has got civil consequence. It further appears that vide Letter No. 1339 dated 20.12.2012 issued under the signature of the Executive Engineer, Water Road Division, Muzaffarpur a show cause notice was issued to the petitioner that why the excess amount paid to the petitioner be not recovered, but no further action has been taken on the said letter, as it appears from the records of the case, since no averment has been made by the respondents- State in the counter affidavit filed on their behalf. The law with regard to passing of departmental examination is no more res integra in view of Full Bench judgment of this Court in the case of (Kamlanand Thakur Vs. The State of Bihar & Ors) reported in C.W.J.C. No. 18727 of 2017 wherein in paragraph no. 48 it has been held that there is no requirement of passing any departmental examination for grant of ACP benefits.
9. Accordingly, in view of consideration made above and in view of the judgment dated 28.06.2024 passed by the Hon'ble Full Bench of this Court in C.W.J.C. No. 18727 of Patna High Court CWJC No.17828 of 2013 dt.24-03-2026 10/11 2017 (Kamlanand Thakur Vs. The State of Bihar & Ors) and its analogues cases, the impugned order contained in Memo No. 3137 dated 14.11.2012 is here by set aside and the consequential order contained in Letter No, 1339 dated 21.12.2012 issued under the signature of the Executive Engineer, Water Road Division, Muzaffarpur is also set aside.
10. The respondent authorities are directed to re- visit the entitlement of the petitioner and to calculate the same after giving all the due benefits of time bound promotion/ACP within a period of three months from the date of receipt/production of a copy of the order. It is made clear that if the entire exercise will not be completed within a period of three months then the petitioner will be entitled for interest at the rate of 6% from the date of filing of the writ petition till the date of actual payment of the benefits accruing an account of grant of the benefits ACP to the petitioner. It is further clarified that if during pendency of the writ petition any recovery has made from the petitioner, then the petitioner would be entitled for refund of the said amount also, within the said period of three months.
11. With the aforementioned observations and directions, the writ petition is allowed.
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12. Pending applications, if any, shall also stands disposed of.
(Ritesh Kumar, J) krishnakant/-
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