AI Structured Summary
Not yet generated for this judgment
Judgment
Date : 17-08-2026 Heard learned counsel appearing for the petitioner and learned counsel appearing for the State.
The petitioner has filed the present writ petition for the following relief/s :-
“1.To quash the Gradation List published vide letter no. 7294 dated 23.12.2025 issued by the Joint Secretary, Madhey Nishedh – Prohibition, Excise and Registration Department, Patna, Bihar, under which the petitioner has been listed on 69 serial no. rather than 24, erroneously.
ii.To direct the concerned Authorities/Respondents to verify the said Gradation List in the interest of Justice.
iii.To direct the concerned Authorities /Respondents to dispose of the representation filed by the petitioner on 08.01.2026 in accordance with law, forthwith.
iv.To grant any other relief/reliefs which the petitioner may be found entitled in the facts and circumstances of the case.”
Learned counsel for the State has raised a preliminary objection and submits that the gradation list has been challenged by the petitioner, but none of the persons who are placed above the petitioner in the gradation list has been impleaded as a party respondent.
Learned counsel for the petitioner submits that the petitioner had filed a representation dated 08.01.2026 before respondent no. 2, namely, the Joint Secretary, Madhya Nishedh, Prohibition, Excise and Registration Department, Patna, Bihar, which has been annexed as Annexure P/2 to the writ petition. However, no decision has been taken on the said representation till date.
It transpires to this Court that the issue raised by the petitioner cannot appropriately be adjudicated on merits without affording an opportunity of hearing to all concerned persons whose names are mentioned in the representation and who may be adversely affected by any decision taken in the matter.
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to file a fresh representation before respondent no. 2, namely, the Joint Secretary, Madhya Nishedh, Prohibition, Excise and Registration Department, Patna, Bihar, specifically indicating therein the names and particulars of all such persons who may be adversely affected by the relief sought by the petitioner. Upon filing of such representation, respondent no. 2 shall consider the same, after affording due opportunity of hearing to all concerned persons, and shall pass a reasoned and speaking order in accordance with law within a period of 90 days from the date of receipt of the fresh representation.
It is made clear that, if any of the concerned persons are posted or working at different places, it shall not be necessary for the authority to require their physical presence. In such circumstances, the concerned authority may permit such persons to appear through virtual/online mode or through their duly authorised representatives, in accordance with law.
It is further made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner, and the competent authority shall consider the matter independently and strictly in accordance with law.