PRABHUNATH PRASAD Vs. PATNA HIGH COURT

JUDGEMENT

(1.) The petitioner, a Judicial Officer, seeks quashing of the letter dated 15.09.2018, issued by the Registrar General of Patna High Court, intimating him that his representation dated 20.01.2018 for promoting him to the cadre of District Judge (entry level) with seniority from due date, has been rejected by the High Court, as also for a direction to the High Court in the administrative side for considering his case for promotion from the date when the same became due and thereafter accord him the seniority and all other monetary benefits to which he would have been otherwise entitled to.

(2.) From the perusal of the records of the case, we have noticed that the case of the petitioner was considered for promotion from Civil Judge (senior division) to the post of District Judge (entry level) in accordance with the Bihar Superior Judicial Service Rules, 1951 against the 65 per cent quota for the year 2012-2013, but he was not found fit for promotion, as he had failed in viva-voce test and also because of adverse entry in his ACR.

(3.) There was an adverse entry in the ACR of the petitioner for the year 2009-2010 and for removal of which adverse remark, a representation was filed by the petitioner, which was rejected by the High Court and such decision was communicated to him in the year 2010 only. The aforesaid decision of the High Court does not appear to have been challenged.