MD.HABIBUR RAHMAN QURAISHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the writ, petitions have been preferred by the same petitioner. Disposal of C.W.J.C. No. 6773 of 2000 depends on the result of C.W.J.C. No. 2709 of 2000. The two writ petitions are, therefore, being disposed of by a common judgment.

(2.) WE shall first of all deal with C.W.J.C. No. 2709 of 2000. This writ petition has been preferred with the prayer to set aside the following orders: ''

(3.) WHILE assailing the validity of the impugned action, learned counsel for the petitioner submitted that the first time -bound promotion was cancelled by the order dated 21.9.1999 (Annexure -2) because of the bar created by the policy decision contained in resolulation dated 30.12.1981 (Annexure -1 to C.W.J.C. No. 6773 of 2000), which was removed by Resolution No. 4245, dated 16.7.1985 (Annexure -8), and has been overlooked by the authorities. He next submitted that the order rejecting the representation assigns a new and illegal ground in support of the impugned action, namely, the petitioner had not passed the departmental examination. He relies on the following reported judgments: