IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.421 of 2010 1. Quadirul Hasan Khan S/O Zafirul Hasan Khan R/O Vill.- Tariyat, P.O.- Bazitpur, P.S.- Manigachhi, Distt.- Darbhanga At Present Residing In The House Of Prof. Irsrail Hasan Khan, Quila Chowk, P.O.- M.I.T., Muzaffarpur, P.S.- Brahmpura, Distt.- Muzaffarpur Versus 1. The State Of Bihar 2. The Principal Secretary Public Works Department, Bihar, Patna 3. The Engineer-In-Chief -Cum- Special Secretary -Cum- Additional Commissioner Road Construction Department, Govt. Of Bihar, Patna 4. The Chief Engineer National High Way Wing, Govt. Of Bihar, Patna 5. The Superintending Engineer N.H. Circle, Muzaffarpur 6. The Executive Engineer N.H. Division, Muzaffarpur 7. The Screening Committee Of N.H. Circle, Muzaffarpur Represented Through The Superintending Engineer N.H. Circle, Muzaffarpur ----------- 3. 30.08.2011 Heard learned counsel for the petitioner and the State. The petitioner aggrieved by the order dated 1.6.2009 withdrawing the benefit of A.C.P. granted to him on 30.5.2007 in the pay scale of Rs. 5000-8000/-, came to this Court in C.W.J.C. No. 7257 of 2009. Directions were given to consider his representation. The fresh impugned order dated 3.9.2009 states that he had not passed the departmental Accounts examination. Learned counsel for the petitioner submits that the writ application pleads that he had appeared at the departmental Accounts examination and the results were awaited. Today he submits after taking instructions that the petitioner has in fact cleared the departmental Accounts examination. But that stand 2 has not been taken on oath before this Court in the present proceedings. Counsel for the petitioner sought to rely on a document for the purpose outside the record of the proceeding. The Court declines to entertain the same as the respondents have had no opportunity to respond to the same. If the only reason mentioned in the impugned order was non passing of the Accounts examination and the petitioner contends that he has passed the examination, the order becomes non est. Let the petitioner represent before respondent no. 3 annexing proof in support of his having passed the Accounts examination. Let the respondent no. 3 then pass appropriate orders in accordance with law. Needless to state that if the respondent no. 3 is satisfied of the contentions of the petitioner he shall pass appropriate orders in all its aspects so that further litigation is prevented. Let it be so done within a maximum period of three months from the date of receipt and/or presentation of such representation along with necessary documents. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)