IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7331 of 2010
1. Indra Kumar Sinha S/O Late Hare Krishan Prasad R/O Vill
Babhani, P.O.Baretha Via Pothia, P.S.Falka, Distt-Katihar, At
Present Posted As Cooperative Extension Officer In The Office Of
The Assistant Registrar, Cooperative Societies, Circle Naugachia,
Distt-Bhagalpur
2. Sugan Kumar S/O Late Hanumath Saran R/O Vill Gurudwara
Road, P.O.Digha, P.S.Danapur, Distt-Patna At Present Posted As
Cooperative Extension Officer In The Office Of The Assistant
Registrar, Cooperative Societies Circle , Naugachia , Distt-Bhagalpur
3. Satya Narayan Paswan S/O Sri Ramotar Paswan R/O Vill &
P.O.Samaspur, P.S.Muffasil , Distt-Khagaria, At Present Posted As
Cooperative Extension Officer In The Office Of The Assistant
Registrar, Cooperative Societies Circle, Naugachia, Distt-Bhagalpur
4. Ganesh Prasad Singh S/O Late Sagar Singh At P.O. Panhusi,
P.S.Kursakanta, Distt-Katihar At Present Posted As Cooperative
Extension Officer In The Office Of The Assistant Registrar,
Cooperative Societies, Circle Kishanganj, Distt-Kishanganj
5. Shanker Lal Biswas S/O Late Agam Lal Biswas Vill Sirania,
P.O.Saurajabat, P.S.Dagarua, Distt-Purnea At Present Posted As
Cooperative Extension Officer In The Office Of The Assistant
Registrar, Cooperative Societies, Circle Kishanganj, Distt-
Kishanganj
6. Om Prakash S/O Sri Kapildeo Mandal R/O Vill Deewani
Tola(Brahmasthan), P.O.Bariyarpur, P.S.Sadar Munger, Distt-
Munger At Present Posted As Cooperative Extension Officer In The
Office Of The Assistant Registrar, Cooperative Societies, Circle
Banka, Distt-Banka
Versus
1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar,
Patna
2. The Chief Secretary Govt. Of Bihar, Patna
3. The Principal Secretary, Rural Development Department Govt.
Of Bihar, Old Secretariat, Patna
4. The Deputy Secretary, Rural Development Department Govt. Of
Bihar, Old Secretariat, Patna
-----------
For the Petitioners:- Dr. Bidhu Ranjan, Adv.
Mr. Indu Bhushan, Adv.
For the State:- Mr. Prashant Sinha, Adv.
————-
4. 05.07.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are stated to be employees of the
2
Co-operative Department aggrieved by non consideration of
their cases for deputation as Block Development
Officer/Circle Officer by the Department of Rural
Development.
Counsel for the parties are not at issue that in so
far as petitioner nos. 1, 4, 5 and 6 are concerned, rejection
of their candidature for departmental lapses in not
furnishing their A.C.R. reports or other necessary
information cannot visit them with adverse consequences if
they were otherwise eligible for consideration under the
advertisement. Any non consideration on that ground only
is arbitrary. Subject to availability of vacancies and the
need for personnel, the said petitioners do have a right to
be considered especially if their juniors have been selected
ignoring their claims for no valid reason when the
respondents may be required to make proper
rearrangement of appointments so that Article 14 does not
stand violated.
In so far as petitioner no. 2 is concerned, in view
of the fact that departmental proceedings were pending
against him as on the date of consideration and still remain
pending, the Court finds no error in the action of the
respondents declining his consideration.
On the date of consideration departmental
proceedings were also pending against petitioner no. 3.
3
There can thus be no illegality in the action of the
respondents in not considering him as on the relevant date.
But if, as was submitted on behalf of the petitioner, he has
been subsequently exonerated in the departmental
proceeding on 9.10.2010, and vacancy subsists, the
petitioner fulfils other conditions of eligibility, the
respondents require more personnel for deputation, his
case may be considered.
The order to be complied with within a maximum
period of two months from the date of receipt/production of
a copy of this order.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J. )