UPENDRA SAH Vs. STATE OF BIHAR THROUGH SECRETARY

JUDGEMENT

(1.) Heard Mr. Santosh Kumar Verma, learned counsel for the petitioner and Mr. Sunil Kumar Mandal, learned S.C.3 for the State.

(2.) The petitioner has questioned the order of the Chief Engineer, Water Resources Department, Government of Bihar as contained in the letter No. 1906 dated 7.5.2005 whereby the time bound promotion granted to the petitioner has been cancelled inter alia on grounds of having not passed the departmental accounts examination, a copy of the order under challenge is annexed at Annexure-2 to the writ petition.

(3.) Facts of the case briefly stated is that the petitioner was appointed as a Lower Divisional Clerk on 5.9.1979 and was granted first time bound promotion vide order passed on 15.3.2003 with effect from 5.9.1989 i.e. on completion of 10 years of satisfactory service. The time bound promotion granted to the petitioner was reexamined by the Chief Engineer and since it transpired that while the petitioner has passed two papers in the departmental accounts examination in February, 1994 and November, 1994 he was yet to pass one more paper. His time bound promotion was thus held to be illegal and was set aside. An order for recovery of the excess salary paid to the petitioner by virtue of the promotion was passed and which has since been recovered from the petitioner as stated at the Bar by Mr. Verma, learned counsel for the petitioner. The petitioner being aggrieved is before this Court.