✦ Patna High Court

Dr.Arun Kumar v. The State of Bihar

CIVIL WRIT JURISDICTION CASE No. 4443 of 2010AJAY KUMAR TRIPATHI

Judgment

.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Mr. Upendra Mishra Mr. Jitendra Nath Tiwary For the Respondent/s : Mr. (GP20) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 5 06-05-2013 It is evident after perusal of the supplementary counter affidavit of the State that Vigilance Case No.19/2003 which was instituted in the State of Jharkhand is not yet over. If that be so, in terms of the provisions for grant of ACP there has to be vigilance as well as other clearance with regard to service record of an employee before the benefit in question could accrue to him. It will be advisable for the petitioner to get the matter expedited. So long the issue remains pending no mandamus can be issued to grant benefit, which after all accrues in favour of employees in terms of the rule and provision, not independent. Writ is dismissed with above observation. R.K.Pathak/- (Ajay Kumar Tripathi, J)

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