GAUTAM PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, the Respondents and the Intervener.

(2.) Petitioner, who earlier served as clerk in the office of the District Mines Officer, Muzaffarpur, has filed this writ application for quashing the office order, bearing Memo. No. 115 dated 10.2.2005, Annexure-1, passed by the Joint Secretary, Department of Mines and Geology, Government of Bihar, Patna, whereunder he has been reverted to the post of peon on the ground that his appointment as clerk was made without undergoing any selection process and roster clearance and is void ab initio.

(3.) Petitioner has assailed the impugned order on the ground that the Director, Mines under his Memo. No. 5418 dated 15.10.1993, Annexure-10A granted him first time bound promotion in the scale of Rs. 1320-2040/- on provisional basis in anticipation of the approval from the competent authority with further stipulation that in the event provisional time bound promotion is found erroneous then the amount paid in lieu of such promotion shall be recovered, which promotion was confirmed by the Secretary, Mines & Geology Department in the light of the instruction of the Finance Department contained in letter No. 4179 dated 12.8.1992 under office order, bearing Memo. No. 3971 dated 31.8.1995, Annexure-10B and according to the counsel for the petitioner once the promotion granted to the petitioner is confirmed by the competent authority, namely the Secretary, Mines & Geology Department, whatever illegalities were there in the initial appointment on the post of clerk stood removed/condoned and the authorities are ill-advised to wreck up the same matter after about 21 years when they issued notice dated 15.9.2004, Annexure-9 to cancel such appointment and passed the impugned order dated 10.2.2005, Annexure-1.