Allowed

Brahmdeo Singh v. the State of Bihar and Ors.

Patna HC20 Nov 2018CWJC/4087/2011

Case brief

AI extract

What is this about?

Justice Nilu Agrawal allowed the writ application relying on analogous orders in C.W.J.C. No. 1022 of 2011 and C.W.J.C. No. 4191 of 2011, setting aside the order cancelling the petitioner's first time-bound promotion and directing that the recovery of excess payment be stayed.

What did the court decide?

Letters No. 1022 dated 30.03.2009 and dated 13.11.2009, particularly Memo No. 2598 dated 13.11.2009 cancelling promotion and seeking recovery, were set aside.

Brahmdeo Singh Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4087 of 2011

¶2

======================================================

¶3

Brahmdeo Singh S/O Late Ram Gulam Singh R/O Vill.- Narharpur, P.S.Jandaha, Distt.- Vaishali, Presently Residing At Mohalla- Attardah, West Of Attardah Primary School, P.S.- Sadar, Distt.- Muzaffarpur

¶4

... Petitioner

¶5

Versus

¶6

The State Of Bihar

¶7

The Principal Secretary Road Construction Department, Government Of Bihar, Patna

¶8

The Engineer-In-Chief, Road Construction Department, Government Of Bihar, Patna

¶9

The Chief Engineer, Road Construction Department, North Bihar Wing, Darbhanga

¶10

The Superintending Engineer, Road Construction Department North Bihar Circle, Maripur, Muzaffarpur

¶11

The Divisional Commissioner, Tirhut Division, Muzaffarpur

¶12

... Respondents

¶13

======================================================

¶14

Appearance :

¶15

For the Petitioner : M/s Mnisha Singh & Roona, Advs. For the Respondents : Mr. Prabhakar Jha, GP XXVII

¶16

======================================================

¶17

CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

¶18

15 20-11-2018

¶19

Heard learned counsel for the petitioner and learned counsel appearing for the State.

¶20

The petitioner, in the present writ application, has challenged the Letter No. 1022, dated 30.03.2009, as contained in Annexure 2, and letter, dated 13.11.2009, as contained in Annexure 3, whereby the first time bound promotion, granted to the petitioner, has been cancelled and the excess payment made on account of grant of first time bound promotion has been sought to be recovered.

¶21

Learned counsel for the petitioner submits that the order had affected two more employees, who had moved this

¶22

Patna High Court CWJC No.4087 of 2011(15) dt.20-11-2018 2/2

¶23

Court in C.W.J.C. No. 1022 of 2011 and C.W.J.C. No. 4191 of 2011, which were heard analogously by this Court and by order, dated 29.06.2016 and 05.10.2016, have been allowed and the order of recovery has been quashed, wherein Annexure 3, dated 13.11.2009, has been set aside.

¶24

Accordingly, the present writ application is allowed in terms of the order in C.W.J.C. No. 1022 of 2011 and C.W.J.C. No. 4191 of 2011, by which Annexure 3, Memo No. 2598, dated 13.11.2009 has been set aside.

¶25

(Nilu Agrawal, J)

¶26

Shamshad/-

¶27

Brahmdeo Singh v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Brahmdeo Singh v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Wakil Kumar Rai Vs the Union of India and Ors.

Bishnu Sah @ Vishnu Sah Vs The State Of Bihar

Santosh Sah Vs The State Of Bihar

Makesh Sharma and Anr. Vs the State of Bihar and Ors.

Dr.Arun Kumar Sinha Vs the State of Bihar and Ors.

Arvind Kumar Vs the State of Bihar and Ors.