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11. Reliance is also placed on the case of Kusheswar Nath Pandey vs. State of Bihar and others, reported in 2013(12) S.C.C. 580. In that matter appellant was given time bound promotion and after 11 years the authorities woke up to claim that the time bound promotion was wrongly given, relying on the rules. Learned Single Judge of the High Court allowed writ petition holding wp3190.03 that the time bound promotion granted to the appellant 11 years earlier was not because of any fault or fraudulent act on the part of the appellant and therefore could not be cancelled. In appeal, the Division Bench of the High Court set aside the Judgment of the learned Single Judge. In Appeal to the Hon'ble Supreme Court, the counsel for appellant relied upon Judgments of the Hon'ble Supreme Court in the case of Bihar State Electricity Board and another vs. Bijay Bhadur and another reported in (2000) 10 S.C.C. 99 and the case of Purushottam Lal Das and others vs. State of Bihar and others, reported in (2006) 11 S.C.C. 492 where it was held that recovery could be permitted only in such cases where the employee concerned is guilty of producing forged certificate for the appointment or got the benefit due to misrepresentation. Hon'ble Supreme Court observed in Para 10 and 11 as under:

wp3190.03 "10. In our view, the facts of the present case are clearly covered under the two Judgments referred to and relied upon by Mr. Rai. The appellant was not at all in any way at fault. It was a time bound promotion which was given to him and some eleven years thereafter, the Authorities of the Bihar Government woke up and according to them the time bound promotion was wrongly given and then the relevant rules are being relied upon and that too after the appellant had passed the required examination.