RAM LAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State. Petitioner seeks quashing of the letter no. 1237 dated 11.10.2011, as contained in Annexure-14, issued by the Additional Secretary Registration, Excise and Prohibition Department, Bihar, Patna (respondent no. 3) by which the claim of the petitioner for granting exemption from passing the departmental examination in view of the provision contained in letter no. 11691 dated 9.11.1983 and letter no. 4674 dated 15.5.1992 issued by the Personnel and Administrative Reforms Department, Bihar, Patna and also as per letter no. 4368 dated 28.8.2009, has been refused on the ground that the petitioner had appeared only once in the examination and as such it cannot be treated as continuous effort made by him for passing departmental examination as well as on the further ground that, in the year 2004, a punishment of "warning" has been recorded against him.

(2.) Learned counsel for the petitioner submits that the petitioner fulfils all the criteria and conditions laid down in the letter no. 11691 dated 9.11.1983 (Annexure-9) as well as letter no. 4674 dated 15.5.1992 (Annexure-9/1) and letter no. 3/M-06/2009 Ka. 4368 dated 28.8.2009 (Annexure-18). He has already completed 50 years and, thus, had applied for grant of exemption from appearing at the examination.

(3.) Short facts which would be necessary for consideration of lis are enumerated as under:--