MOHAMMAD ASHFAQUE ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal filed under Clause 10 of the Letters Patent arises from the order dated 14th May 2012 made by the learned single Judge pending CWJC No. 3571 of 2011.

(2.) The facts leading to the present litigation is very peculiar. The appellant, after competing in the 45th Combined Competitive Examination conducted by the Bihar Public Service Commission (hereinafter referred to as "the Commission"), was appointed as Deputy Superintendent of Police in 2004. After undergoing training and rendering six years' service and having been confirmed, his appointment as Deputy Superintendent of Police was questioned because the respondent no. 9 raised objection in respect of his position on the merit list. It was the claim of the respondent no. 9 that he should have been appointed as Deputy Superintendent of Police in the Bihar Police Service instead erroneously he was shown below the appellant. The respondent no. 9 thus lost opportunity of being appointed as Deputy Superintendent of Police and instead was offered employment in the Bihar Education Service which he did accept.

(3.) After examining his objection, the Commission found that there was some mistake in computing the marks of the respondent no. 9 and four others. Accordingly, their merit position was changed. Pursuant to the opinion of the Commission and after hearing the appellant, the Commission, under its communication dated 14th December 2010, informed its decision to the State Government and recommended that the respondent no. 9 be appointed as Deputy Superintendent of Police in the Bihar Police Service and the appellant be offered employment in the Bihar Education service. Consequent to the said communication, under notification dated 7th March 2011 issued by the State Government in the Home Department, the respondent no. 9 was appointed as Deputy Superintendent of Police in the Bihar Police Service and the appellant was relieved.