IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5628 of 2010 Arjun Ray, S/O Late Dharichhan Ray, R/O Vill.- Bahiro, P.S. Nawada, Distt.- Bhojpur. … Petitioner Versus 1. The State of Bihar, Through Chief Secretary, Govt. of Bihar, Patna 2. The Principle Secretary, Finance Deptt., Govt. of Bihar, Patna 3. The Joint Commissioner (Account and Administration), Provident Fund Directoriat, Govt. of Bihar, Patna 4. The Deputy Secretary (Finance) Provident Fund Directoriat, Govt. of Bihar, Patna 5. The District Magistrate, Bhojpur At Arrah 6. The District Provident Fund Officer, Bhojpur At Arrah … Respondents ----------- 3 08.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks the relief to be considered for grant of ACP which has been denied to him by the order dated 16.02.2010 on the ground that he had not passed the Departmental Accounts Examination opining that he did not make any further efforts after being unsuccessful on the first occasion and therefore, he was not entitled to exemption also. No other ground has been stated in the impugned order for denial of the benefit. Counsel for the petitioner submits that in the meantime the petitioner appeared again in the Departmental Accounts Examination and has passed the same with the result published on 28.08.2010. Learned counsel for the petitioner sought to place a copy of the order before the Court. Not being a part of the record, the Court is not persuaded to accept it as the Counsel for the State has had no opportunity to take instructions or make any submissions upon the same. If what the petitioner 2 contends be correct, and he has subsequently passed the Departmental Accounts Examination, and that is the only ground mentioned in the impugned order dated 16.02.2010 to deny him the benefit of ACP, as matters appear, the ground mentioned in the impugned order may no more survive. If that be so, let the respondent no. 3 consider the claim of the petitioner in the light of his subsequently having passed the Departmental Accounts Examination and grant him ACP in accordance with law. Let such consideration be done and an appropriate order be passed within a maximum period of three months from the date of receipt of a copy of this order. The writ application stands disposed off. Md. Ibrarul ( Navin Sinha, J.)