LAWS(PAT)-1978-9-5

NAND KISBORE SINGH Vs. STATE OF BIHAR

Decided On September 22, 1978
NAND KISBORE SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner moved an application under Articles 226 and 227 of the Constitution of India for quashing anexures 1, 2 and 3.

(2.) The relevant facts are these :- The petitioner was appointed as a Junior Accounts Clerk with effect from 7th April, 19.^5 in the Forbesganj Division of Kosi Project Department. In 1959, he passed the departmental examination and was promoted as a senior accounts clerk. After his promotion, the petitioner was posted in the office of the Financial Adviser-cum-Chief Accounts Officer of the Kiver Valley Project Department at Birpur. Ultimately, the petitioner was transferred at his own request to the office of the River Valley Project Department in the Secretariat as Senior Accounts .Clerk on 10th July, 1963.

(3.) Respondent no. 3, Mani Mohan Sinha, was appointed as a junior accounts clerk in the office of the Kosi Project Department with effect from 13th June, 1957. In 1960, he passed the departmental examination and was promoted as a senior accounts clerk with effect from 13th May, 1960. Respondent no. 3 was posted in the Secretariat, While serving in the Secretariat, he was promoted to the post of cashier with effect from 1st July, 1962. The post of cashier is admittedly superior in rank to the post of the senior accounts clerk.