- (1.) In this writ application, the petitioner has prayed for quashing the order dated 25.5.1995(Annexure -1), whereby he was reverted from the post of Sub Inspector of Excise to the post of Excise Clerk on the ground that his promotion was given after the age of 35 years.
(2.) THE short fact relevant in the instant case is that the petitioner was initially appointed as Excise Clerk on 10.12.1971. His date of birth was 12.6.1950 and he was aged about 21 years at the time of appointment. The Government of Bihar had framed rules for recruitment of regular Sub Inspector of Excise providing, inter alia, that Sub Inspector of Excise shall be appointed by the Commissioner of Excise either by direct recruitment by means of written examination or by promotion of the selected Assistant Sub Inspector of Excise and Excise Clerks, below the age of 35 years. The petitioner, in course of his service, had appeared in the departmental examination meant for promotion to the post of Sub Inspector of Excise and passed the same on 23.2.1983. On that basis, the petitioner was given promotion as Incharge Sub Inspector of Excise w.e.f. 17.6.1983. He joined the post on 23.6.1983 at West Champaran. Suddenly, a letter was issued on 16.7.1983 reverting the petitioner from Incharge Sub Inspector of Excise to the post of Excise Clerk. The petitioner then preferred writ application being C.W.J.C. no.3106 of 1983 challenging the said order. In the said writ application, operation of the order of reversion was stayed. Subsequently, considering to the suitability and eligibility of the petitioner, he along with others was given regular promotion to the post of Sub Inspector of Excise vide letter no.5239 dated 18.11.1987. The petitioner, thereafter, had been regularly working on the post of Sub Inspector of Excise. In view of the said regular promotion, the petitioner withdrew his said writ application on 22.11.1990 by filing an application stating the said fact. After withdrawal of the said writ application and after lapse of several years, a letter was issued to the petitioner dated 28.10.1994 asking him to show cause as to why he should not be reverted, from the post of Sub Inspector of Excise, to the post of Excise Clerk as on the date of promotion he was above 35 years of age.
(3.) THE petitioner filed his reply dated 30.11.1994 stating, inter alia, that the he had appeared in the departmental examination for the purpose of promotion when he was much below the age of 35 years. He successfully got through the examination and considering his eligibility, he was given promotion and made Incharge Sub Inspector of Excise. The date of initiation of the said promotion was, thus, 23.6.1983 when the petitioner was aged about 33 years.;