SHREE NARAYAN MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Order of rejection, contained in Annexure-7, is required to be quashed. Non-interference will amount to rewarding the delay and inefficiency on the part of the authorities of the Department of Agriculture, Government of Bihar, Patna. Since the State cannot draw advantage of its own wrong and a citizen cannot suffer on that count, the reason for rejection or the claim of the petitioner, contained in Annexure-7 on the ground of delay in receipt of recommendation from the Agriculture Department after the so called cut-off date, which is said to be 31st of December, 2013 is irrational. The recommendation was received on 07.03.2014. Petitioner had no role to play in the said delayed decision making and in acceptance of his request for cadre transfer.

(3.) In view of the above Annexure-7 is quashed. A direction is issued upon the respondents to reconsider the matter in view of the recommendation made in favour of the petitioner afresh. The decision must be taken within a period of ten weeks from the date of production / communication of a copy of this Order.