FAROOQUZZAMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS in the present writ applications are Class III employees of Bihar Government and their prayer is for protection from their arrest in Special Case No. 19 of 2005. They are successful candidates in Bihar Administrative Service, 1st Limited competitive Examination, 2003.

(2.) THE ground for filing this writ applications is that there is no justification for the Vigilance police to arrest them as petitioners have absolutely played no role in the alleged conspiracy undertaken by the Chairman and Staff of Bihar Public Service Commission (hereinafter to be referred to as the B.P.S.C.) in the process of selection.

(3.) IN the year 1951 Bihar Civil Services (Executive Branch) and Bihar Junior Civil Services Recruitment Rules, 1951 were framed for the appointment of Class II Gazetted Officers within the State of Bihar. As per Rule (2)(A) (B) and (C) Part II and Part III fixed category of persons were appointed by direct recruitment and certain percentage of persons were appointed by promotion or transfer. Notification No. 5857 dated 2.5.1980 was issued by the State Government whereby a provision was made for the appointment of Class II (Bihar Administrative services from Class III by nomination). The confidential report of the Government Servant to be promoted were the major criteria for consideration of promotion. Notification No. 3047 was issued by the State Government on 8.4.1992 whereby a provision was made for promotion to the post of Class -II. Bihar Administrative Services upto 25% of the vacancies through promotion in each batch. Inspite of this rule no vacancies were filled up from 35th batch to 41 batch. The State Government made amendment in column 12 of the provisions for filling up the vacancies from the year 1982. to 1998. By this amendment all those government servants who have eligibility for selection against vacancies generated between 1982 to 1998. shall have the right for appointment on becoming successful after participating in First Limited Examination, though the things are against the rules.