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ARVIND SINGH CHANDEL
Arun Kumar – Appellant
Versus
State of Bihar – Respondent
Arvind Singh Chandel, J. – This petition has been preferred by the petitioner seeking the following reliefs: –
“(i) For issuance of an appropriate writ in the nature of certiorari for quashing the Memo No 364 dated 13.04.2024 issued under the signature of respondent No 4 by which ACP & MACP given to the petitioner has been cancelled mere on complaint filed by one teacher making allegation that the petitioner has not passed 2nd paper of departmental examination, whereas the petitioner has declared successful in the departmental examination and letter to this effect has been issued by respondent No 5 on 29.06.2006 and after due verification the committee constituted for granting the benefit of ACP & MACP to the petitioner and same is recorded by the authority in the service book, moreover in view of law laid down by the Hon’ble Division Bench judgment reported in 2008, V-III PLJR, 344 by which without conducting any enquiry no adverse comment can be made.
(ii) For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authority to not disturb the petitioner in smooth functioning as Head Clerk in the office of respondent No 5 as he has declare
Passing the departmental accounts examination is not a condition precedent for the grant of A.C.P./M.A.C.P. benefits.
The court affirmed that passing departmental examinations is not a prerequisite for the grant of ACP/MACP benefits, and recovery of excess payments from retired employees is not permissible without e....
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