IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10601 of 2003 RAMNATH RAM S/O LATE BHULAEE RAM R/O VILLAGE-BARE P.O.- BARE, PS- BHABUA,DISTT-KAIMUR----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY,HOME DEPARTMENT,GOVT. OF BIHAR, PATNA 3. THE SUPERINTENDENT OF POLICE, KAIMUR AT BHABUA---------- --------------------------RESPONDENTS ----------- 8 21.1.2009 Heard learned counsel for the parties. Petitioner superannuated from service on 30.6.2002 from the post of Subedar. Earlier he entered in service as illiterate constable in the year, 1964 and over a period of time he earned his promotion to the post of Hawaldar and Jamadar. When he superannuated and his pension was sought to be fixed, the Police Order No. 614 of 2002 was issued stating therein that since the petitioner had earned promotion and became a Class III employee he was bound to pass Hindi Noting & Drafting Examination. Admittedly the petitioner had not passed the examination. Therefore the increments given to him after he become a Hawaldar had to be recovered and even pension will be fixed after refixation of his pay. The police order has been brought on record as annexure-A to the counter affidavit. Submission of learned counsel for the petitioner is that there has never been any indication that the petitioner had committed fraud based on which the increments were given to him years ago while he was still in service. He earned his subsequent promotion and at no point of time any objection has been raised in this regard. Not only this, learned counsel for the petitioner relies - 2 - on a decision dated 14. 10.1996 (Rajnath Pandey vrs. The State of Bihar & Ors.) in CWJC No. 1797 of 1996 ( R) and the same has been annexed as annexure-3 to the writ application where it has been held that necessity for passing the Hindi Noting & Drafting Examination is meant for such people who are engaged in such work and the nature of their duty requiring them to perform such Hindi Noting & Drafting. Since the petitioner came into service as an illiterate constable and has earned his promotion in that chain he does not have any responsibility to pass Hindi Noting & Drafting Examination and the reflection of the same is Rule 678 (2) of the Police Manual In view of above, the Police Order No. 614 of 2002 contained in annexure-A is hereby quashed. The respondents are directed to fix the pension and other retiral dues of the petitioner as if the order for deduction has not been passed. This writ application is allowed. RPS (Ajay Kumar Tripathi, J.)