SUDHIR KUMAR Vs. CIVIL COURT

JUDGEMENT

(1.) THIS letters patent appeal by respondent no. 7 of CWJC No. 4703/95 is directed against an order by which his promotion to class til post in the Gaya Civil Court has been quashed by learned Single Judge. Meanwhile, the appellant had unsuccessfully moved the learned Judge for review of the order in Civil Review No. 196 of 1997.

(2.) THE Bihar Civil Court Staff (Class III and Class IV) Rules, 1992 contains provisions for recruitment of class III and class IV staff in the civil courts in the State of Bihar. Rules 34 to 36 thereof provide for appointment to class III by promotion from class IV. 20% class HI posts are filled up in that manner from amongst those who possess the minimum educational qualification required for class III post and have put in minimum three years service on class IV post. The qualification for the post of clerk i.e. Class III post is Graduate degree or equivalent degree of a recognised University.

(3.) THE ground on which the promotion of the appellant was quashed is that at the relevant time he figured as an accused in a murder case but by suppressing the fact he has secured promotion. The learned Single Judge found that the appellant had, in fact, remained in custody for more than 48 hours for which he was liable to be placed under suspension under Rule 49A(2) of the Civil Services (Classification, Control and Appeal) Rules, 1930 (the CCA Rules, in short). The learned Judge expressed surprise that no departmental proceeding had been initiated nor he was put under suspension.