Patna High Court
Amitabh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court held that the Secretary, Transport Department, must decide the petitioner's request for ad‑hoc promotion in light of the 2002 resolution, and that the interim restraining order does not bar such a decision.
Summary
The petitioner, a Motor Vehicle Inspector, sought a writ of mandamus directing the State Transport Department to grant him ad‑hoc promotion to Additional District Transport Officer, arguing that his pending criminal case under the Prevention of Corruption Act and earlier departmental charges, which were cleared, should not bar promotion under a 2002 government resolution. The petitioner highlighted that eleven junior officers had already received such promotions while his case was ignored. The State contended that an interim order restraining promotions for six weeks prevented any decision on his promotion. The Court examined the applicability of the 11‑September‑2002 resolution, which states that pending departmental or criminal proceedings exceeding two years cannot debar an employee from ad‑hoc promotion, and held that the interim order does not impede the decision. Consequently, the Court directed the Secretary of the Transport Department to decide the petitioner's representation within 90 days, ensuring parity with the other officers, and allowed the writ petition.
Issues considered
- Whether a pending criminal case and departmental proceedings bar an employee from receiving ad‑hoc promotion under the 2002 government resolution.
- Whether the interim order restraining promotions for six weeks prevents the Department from considering the petitioner's promotion.
- Whether the petitioner is entitled to parity with junior officers who received ad‑hoc promotion.
Legislation cited
- Prevention of Corruption Act, 1988 — s. 13(1)(e), 13(2)
Subjects
- ad‑hoc promotion
- departmental proceedings
- criminal proceedings
- seniority
- parity
- service law
- mandamus
- Prevention of Corruption Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1067 of 2026
======================================================
Amitabh Kumar Son Of Late Sheo Kumar Singh, Resident Of Village-
Kopwan, P.S.- Koran Sarai, District- Buxar (Bihar) At Present Residing At
A/13 Indrashan Bhawan Anand Puri, Boring Canal Road, Ps.- Krishna Puri,
District - Patna, Pin Code- 800001 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar Through The Secretary, Transport Department,
Government Of Bihar, Patna.
2. The Secretary, Transport Department, Government Of Bihar, Patna.
3. The State Transport Commissioner, Bihar, Patna
4. The Joint Secretary, Transport Department, Government Of Bihar, Patna.
5. The Deputy Secretary, Transport Department, Government Of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Giri, Senior Advocate
Mr. Harsh Vardhan, Advocate
Mr. Pankaj Kumar Singh, Advocate
Mr. Harsh Raj, Advocate
Mr. Chetan Anand, Advocate
Ms. Raj Lakshmi, Advocate
For the State : Mr. Sumant Kumar Singh, AC to GA-2
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 31-03-2026
Heard learned senior counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“(i) To issue an appropriate
writ / order / direction in the nature of
mandamus commanding the Respondents to
grant ad-hoc promotion to the Petitioner on
Patna High Court CWJC No.1067 of 2026 dt.31-03-2026
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the post of Additional District Transport
Officer / District Transport Officer from the
date i.e. 27.06.2024 his juniors have been
granted ad-hoc promotion, with all
consequential benefits.
(ii) Any other relief or reliefs for
which the Petitioner is found to be entitled in
the facts and circumstances of the case.”
3. Learned senior counsel for the petitioner submits
that the petitioner is at present posted as Motor Vehicle
Inspector (MVI) at Purnea. After appointment, he was posted at
Rohtas, and his services were appreciated and subsequently
confirmed with effect from 11.07.2013 vide Letter No. 4187
dated 04.07.2016.
4. Counsel further submits that a criminal case
bearing EOU P.S. Case No. 17 of 2017 was instituted against the
petitioner on 17.11.2017 under Sections 13(2) and 13(1)(e) of
the Prevention of Corruption Act, 1988. The petitioner was
suspended vide order dated 06.02.2018 passed by the State
Transport Commissioner, Patna. A departmental proceeding was
initiated, and Prapatra-Ka was issued against the petitioner vide
Memo No. 8170 dated 07.11.2019. The charges leveled against
the petitioner were in regard to the institution of the aforesaid
EOU case for disproportionate assets.
Patna High Court CWJC No.1067 of 2026 dt.31-03-2026
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5. Counsel further submits that the order of
suspension dated 22.06.2022 was subsequently vacated, and the
petitioner was posted at Bhojpur as Motor Vehicle Inspector.
Counsel further submits that in the departmental proceeding, the
enquiry report was submitted twice, and the petitioner was
exonerated from the charges. Subsequently, the departmental
proceeding was dropped. Counsel further submits that after the
appointment of the petitioner as Motor Vehicle Inspector, 13
more persons were appointed as Motor Vehicle Inspectors by
way of direct recruitment. A provisional seniority list for Motor
Vehicle Inspectors was issued vide Memo No. 8450 dated
20.06.2024. In the said list, the name of the petitioner was at
Serial No. 1. Subsequently, the final seniority list was also
issued on 25.06.2024, however, in the Departmental Screening
Committee, persons junior to the petitioner were recommended
for ad-hoc promotion to the post of Additional District Transport
Officer. The petitioner’s case was not considered as a charge
sheet had been submitted against him in the aforesaid EOU Case
No. 17 of 2017. As a result, 11 persons junior to the petitioner in
the seniority list have been given ad-hoc promotion to the post
of Additional District Transport Officer with effect from
27.06.2024.
Patna High Court CWJC No.1067 of 2026 dt.31-03-2026
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7. Counsel further submits that the petitioner may
also be considered for ad-hoc promotion to the post of
Additional District Transport Officer or District Transport
Officer along with the said 11 persons. Counsel further submits
that in the departmental proceeding, the charges were not
proved against the petitioner, and the criminal case has been
pending since 2017, i.e., for more than 8 years.
8. Counsel further submits that in this regard, a
resolution has been issued by the Personnel & Administrative
Department, Government of Bihar, Patna, dated 11.09.2002,
stating that any departmental or criminal proceeding pending for
more than two years shall not debar an employee from ad-hoc
promotion. Paragraph No. 6 of the said resolution is very clear
on this point.
9. Counsel further submits that the resolution of the
Government is dated 11.09.2002, and the petitioner filed his
representation on 11.07.2025 and further on 21.08.2025 before
the Additional Chief Secretary, Transport Department, and the
Joint Secretary, Transport Department, for ad-hoc promotion,
however, no action has been taken by the Department on the
said representations. As such, the petitioner has no option but to
file the present writ petition.
Patna High Court CWJC No.1067 of 2026 dt.31-03-2026
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10. Counsel further submits that in a similarly
situated matter, a co-ordinate Bench of this Court in CWJC No.
15649 of 2017 (Binod Kumar Jha v. The State of Bihar & Ors.)
was pleased to pass an order on 01.05.2018, directing the
respondents to consider the case of the petitioner for grant of ad-
hoc promotion to the post of Superintending Engineer in light of
the aforesaid resolution of the Government of Bihar dated
11.01.2002 (which was subsequently rectified vide order dated
08.05.2018, to the effect that the date of the resolution
mentioned in the order of this Court dated 01.05.2018, i.e.,
11.01.2002, may be read as 11.09.2002).
11. Learned counsel for the State, on the other
hand, submits that it is the categorical stand of the State in the
counter-affidavit that, vide order dated 28.01.2026, the
respondent authority is temporarily restrained from giving effect
to any promotion from the post of Motor Vehicles Inspector for
a period of six weeks and only it is due to this interim order
dated 28.01.2026, the respondent authority is not in a position to
take decision with regard to the petitioner for grant of ad-hoc
promotion.
12. In light of the submissions made, and
particularly in light of the resolution of the Government dated
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11.09.2002, this Court is of the firm view that the Secretary,
Transport Department, Government of Bihar, Patna (Respondent
No. 2), is hereby directed to take a decision on the petitioner’s
representation in light of the said resolution dated 11.09.2002
within 90 days from the date of production of this order.
13. It is made clear that the interim order passed by
this Court dated 28.01.2026 shall not create any barrier in taking
a decision with regard to the petitioner.
14. It is also made clear that parity shall be
maintained with regard to the petitioner in the same manner as
that of the other 11 Motor Vehicle Inspectors.
15. Accordingly, with the aforesaid observations
and directions, the present writ petition is hereby allowed.
(Dr. Anshuman, J.)
Aman Kumar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.04.2026
Transmission Date NA
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