Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner has assailed the office order No. 21 dated 31st March, 2005 (Annexure -2) issued by respondent No. 4, Conservator of Forest, Departmental Circle, Hazaribagh, whereby his First Time Bound Promotion granted to him vide order No. 141 dated 9th October, 1990 with effect from 21st December, 1989 has been cancelled. Petitioner has also sought quashing of the office order No. 18 dated 28th June, 2005 issued by respondent No. 6, D.F.O. State Trading Division Hazaribagh as also the order No. 19 of the same date (Annexure -5) whereunder an order has been passed for recovery of the amount paid in excess on that account @ 1000/ - per month. By the said order, his pay scale was also reduced to Rs. 1200 -1800 in view of the order canceling the Time Bound Promotion of the petitioner (Annexure -2). To similar effect is the office order No. 19 dated 28th June, 2005, which seeks to recover the amount paid in excess @ 1000/ - from 1.1.1996 onwards. Petitioner has also assailed the office order No. 12 dated 12th April, 2006 issued by the same respondent No. 6 whereunder also total amount of Rs. 74,535/ - has been directed to be recovered in installment.
(3.) The short facts relevant for deciding the controversy and not in dispute between the parties are as follows: "(i) Petitioner was appointed as an Assistant in Porahat Division of South Circle, Ranchi (now Chaibasa Circle) on 21st December, 1979. He got First Time Bound Promotion with effect from 21st December, 1989 vide order No. 141 dated 9th October, 1990 issued by the Conservator of Forest, Magadh Circle, Patna. Petitioner had not cleared the Third Part of Accounts Exam till that time, which he admittedly did on 17th/18th February, 2006. (ii) Respondents have also considered his case for grant of 1st and 2nd ACP/MACP after passing of the departmental exam in 2006 (Annexures: B & C) dated 3rd August, 2010 and 20th August, 2010 respectively. Cancellation of the order of Time Bound Promotion has been made on the grounds that petitioner has not passed the Audit Exam mandatory in view of the Bihar Boards Miscellaneous Rules, 1958. Rule 157 (3)(J)(b) provides that a candidate, who has not passed the final exam will not be promoted to the Senior Selection Grade.";