JUDGMENT :

ASHUTOSH KUMAR, J.

1. The challenge in the present writ petition is to the order dated 06.06.2019 contained in Memo No. 764 issued under the signature of Deputy Secretary, General Administration Department, whereby the petitioner has been dismissed from service.

2. Heard Mr. Kishore Kumar Thakur, learned Advocate for the petitioner and Mr. Dhurendra Kumar, learned AC to GP-5.

3. The State of Bihar enacted the Bihar Act 15 of 2003, whereby Bihar Reservation of Vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 was amended and the benefit of reservation was denied to the reserved category candidates falling outside the State of Bihar.

4. The petitioner, at the relevant time, functioned as an Under Secretary in Personnel and Administrative Reforms Department which is now known as General Administration Department. He had issued a note under the circumstance that no promotion is admissible to any reserved category candidate hailing from outside the State of Bihar, even though they were appointed on their respective posts before 11.06.1996. This note was approved by the Departmental Commissioner as well as the Secretary of