M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the impugned letter No. 5095, dated 24.7.2003 issued under the signature of the Chief Secretary, Government of Bihar, Patna whereby decision has been taken not to issue Integrity Certificate in favour of the petitioner. It appears that the petitioner earlier moved Patna High Court in CWJC No. 12587 of 2001 for the grant of Integrity Certificate as required by the Government of India and Union Public Service Commission for considering his case for promotion to Indian Administrative Service. The writ petition was dismissed on 28.11.2001 holding that grant of Integrity Certificate depends upon the subjective satisfaction of the authority concerned and thereafter no interference can be made with the decision of the Government in the matter of grant of Integrity Certificate. Aggrieved by the said order the petitioner filed Letters Patent Appeal being LPA No. 75/02. The Division Bench disagreeing with the view taken by the learned single Judge held as under : 'The learned single Judge has dismissed the writ application on the ground that the grant of the integrity certificate depends upon the subjective satisfaction of the authority concerned and if the authority concerned has not granted the same then no direction can be issued by the writ Court. We are unable to agree with the view taken by the learned Single Judge. No doubt, grant of an integrity certificate is an administrative decision but the same has to be taken on certain relevant considerations. The authority cannot refuse to grant the integrity certificate on whimsical or arbitrary ground. It appears that inspite of the representation filed by the appellant, the authority concerned has not considered the matter regarding grant of integrity certificate to him. In that view of the mater, we are disposing of this appeal with a direction to the State Government to decide the question of grant of integrity certificate within a period of six weeks and communicate its decision within two weeks thereafter. With the aforesaid direction this appeal stands disposed of. Let a copy of this order be handed over to Mr. S.K. Ghosh, learned AAG -II.
(2.) PURSUANT to the aforesaid direction the case of the petitioner for grant of Integrity Certificate was considered by the Government of Bihar and by the impugned letter dated 24.7.2003 refused to grant Integrity Certificate on the ground that during his service period he was put under suspension and was inflicted with punishment of stoppage of increment in a departmental proceeding. Mr. Tara Kant Jha, learned Senior Counsel appearing for the petitioner assailed the impugned decision of the Government of Bihar refusing to issue Integrity Certificate as being illegal, arbitrary and malafide. Learned counsel submitted that the authorities have committed serious illegality in rejecting the representation of the petitioner for issuance of Integrity Certificate on the basis of punishment which relates back to the year 1989 -90. Learned counsel submitted that after the aforesaid punishment the overall assessment of the petitioner have been found to be very good for the last 5 years of his working and the petitioner was given promotion to senior selection grade and therefore the old remarks already lost its force. Learned counsel submitted that whenever the petitioner was given promotion to the higher post the respondents issued Integrity Certificate even after the aforesaid punishment and therefore, refusal to grant Integrity Certificate is nothing but to accommodate another person.
(3.) MR . A Allam, learned counsel appearing for the State of Bihar firstly raised the preliminary objection with regard to the maintainability of the v/rit petition. According to the learned counsel in view of Section 14 of the Administrative Tribunal Act, the remedy available to the petitioner is to approach the Central Administrative Tribunal and this Court has no jurisdiction to entertain the writ petition. Learned counsel submitted that there are justified grounds for refusing the issuance of Integrity Certificate in favour of the petitioner.;