RAKESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. The appellant participated in the 30th Bihar Judicial Services Examination conducted pursuant to notification No. 6/18. He came to be appointed as probationary Civil Judge (Junior Division) on 6/1/2020. In terms of the notification by which he stood appointed, the appellant was to join on 31/1/2020. The appellant pointing out certain personal difficulties which consisted of the delivery date of his wife and the surgery of his father, sought extension till April, 2020 by letter dtd. 22/1/2020. The same came to be favourably considered and allowed vide letter dtd. 20/2/2020. It was informed that the appellant was granted time till April, 2020. Thereafter, it is the case of the appellant that the appellant was prevented from joining consequent upon the COVID 19 pandemic. Accordingly, the appellant sought time by letter dtd. 8/6/2020 addressed to District Judge, Darbhanga Civil Court, that he was stuck in Nagpur and still stranded and that he will join at the directed place as soon as possible. Thereafter, he again wrote letter dtd. 20/6/2020 wherein reference was given of letter dtd. 20/2/2020 and that he was given time till April, 2020_ but he could not join on account of lockdown and was stuck in Nagpur and he sought permission to join on 20/6/2020.

(2.) According to him, he booked a rail ticket for travel, firstly on 15/6/2020, and again booked second ticket on 25/6/2020. But these bookings were got automatically cancelled since the tickets remained in waiting list. He further has a case that on 17/6/2020, he even booked flight ticket but could not board because of the diversion of route. It is, thereafter, that he paid a hefty sum to book a Scorpio bearing registration No. MH 40 AR 9112 and which dropped him at Bihar on 18/6/2020. He immediately rushed to his place of posting at Darbhanga. It is, accordingly, that he made a representation on 20/6/2020. The aforesaid facts are sought to be made good by not only the representation dtd. 20/6/2020 but from the subsequent representation which he has placed on record which is dtd. 1/9/2020. The response elicited from the Registrar General of the High Court was as follows:

(3.) This led to a fresh representation by the appellant dtd. 13/7/2020, wherein he sought approval for the joining: