RAVINDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE has been a see -saw battle between Ajay Kumar Sinha, the petitioner in C.W.J.C. No. 8562 of 1996 (Ajay Kumar Sinha V/s. The State of Bihar and others) and Rabindra Kumar, respondent no.7 as to who should be the Chief Engineer at the Patna Water Board functioning under Patna Municipal Corporation Act, 1951. Initially both the incumbents were recruited by the Water Board itself. C.W.J.C. No. 8562 of 1996 was filed because rules were framed, on the basis of which the promotional avenue on the post of Chief Engineer, Patna Water Board, in effect, left the field of eligibility to civil engineers only.

(2.) THE occasion for framing the rules arose when Ajay Kumar Sinha filed C.W.J.C. No. 946 of 1993 (in this case Rabindra Kumar was respondent no.7) seeking quashing of appointment of Rabindra Kumar on the ground that the latter was junior and the petitioner should have been considered and given posting as Chief Engineer instead. The learned judge deciding the writ petition was of the view that, firstly, the post would need to be sanctioned and secondly, there were no guidelines before the respondents to go through the process of selection. That there were no rules, is accepted by all without issue. Earlier, the functions of engineers at the Patna Municipality were discharged by State engineers. Subsequently, the municipality expanded to a City Corporation known as the Patna Municipal Corporation.

(3.) AS a consequence of the judgment of C.W.J.C. No. 946 of 1993 dated 23rd January, 1996 rules were framed by the State Government. Under these newly framed rules Rabindra Kumar was considered and appointed as Chief Engineer. The Letters Patent Appeal filed by Rabindra Kumar, in so far as he is concerned, is virtually academic. The High Court may have quashed his appointment in the writ petition but he ultimately succeeded as he was selected to be posted as the Chief Engineer.