Jagnarain Choudhary vs The State of Bihar and Others

The order of the learned Judge on the writ petition declining to give any relief is on the basis of the material on record. It needs to be placed on record at the outset that the Petitioner-Appellant did not have the courage to file a rejoinder affidavit to controvert the submissions made by the State in answer to the petition. In the counter affidavit, the State has admitted that the Petitioner-Appellant had been appointed by a person who was not competent to appoint him and further he had been promoted in collusion and connivance with the staff and the promotion order itself is illegal because the officer who gave him the promotion did not have the authority to do so. This promotion was subsequently cancelled.

As a balancing factor, the petitoner-Appellant should call himself fortunate that he retained the job and has only been asked to refund the amount on which he received the illegal promotion.

In fact the order on the writ, petition has let-off of the Petitioner-Appellant too lightly. In fact, there should be a serious departmental inquiry on all those who appointed the Petitioner-Appellant and permitted the promotion to which the Petitioner-Appellant was not entitled to.

Dismissed.