IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7331 of 2010 1. Indra Kumar Sinha S/O Late Hare Krishan Prasad R/O Vill Babhani, P.O.Baretha Via Pothia, P.S.Falka, Distt-Katihar, At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies, Circle Naugachia, Distt-Bhagalpur 2. Sugan Kumar S/O Late Hanumath Saran R/O Vill Gurudwara Road, P.O.Digha, P.S.Danapur, Distt-Patna At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies Circle , Naugachia , Distt-Bhagalpur 3. Satya Narayan Paswan S/O Sri Ramotar Paswan R/O Vill & P.O.Samaspur, P.S.Muffasil , Distt-Khagaria, At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies Circle, Naugachia, Distt-Bhagalpur 4. Ganesh Prasad Singh S/O Late Sagar Singh At P.O. Panhusi, P.S.Kursakanta, Distt-Katihar At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies, Circle Kishanganj, Distt-Kishanganj 5. Shanker Lal Biswas S/O Late Agam Lal Biswas Vill Sirania, P.O.Saurajabat, P.S.Dagarua, Distt-Purnea At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies, Circle Kishanganj, Distt- Kishanganj 6. Om Prakash S/O Sri Kapildeo Mandal R/O Vill Deewani Tola(Brahmasthan), P.O.Bariyarpur, P.S.Sadar Munger, Distt- Munger At Present Posted As Cooperative Extension Officer In The Office Of The Assistant Registrar, Cooperative Societies, Circle Banka, Distt-Banka Versus 1. The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna 2. The Chief Secretary Govt. Of Bihar, Patna 3. The Principal Secretary, Rural Development Department Govt. Of Bihar, Old Secretariat, Patna 4. The Deputy Secretary, Rural Development Department Govt. Of Bihar, Old Secretariat, Patna ----------- For the Petitioners:- Dr. Bidhu Ranjan, Adv. Mr. Indu Bhushan, Adv. For the State:- Mr. Prashant Sinha, Adv. ------------- 4. 05.07.2011 Heard learned counsel for the petitioners and the State. The petitioners are stated to be employees of the 2 Co-operative Department aggrieved by non consideration of their cases for deputation as Block Development Officer/Circle Officer by the Department of Rural Development. Counsel for the parties are not at issue that in so far as petitioner nos. 1, 4, 5 and 6 are concerned, rejection of their candidature for departmental lapses in not furnishing their A.C.R. reports or other necessary information cannot visit them with adverse consequences if they were otherwise eligible for consideration under the advertisement. Any non consideration on that ground only is arbitrary. Subject to availability of vacancies and the need for personnel, the said petitioners do have a right to be considered especially if their juniors have been selected ignoring their claims for no valid reason when the respondents may be required to make proper rearrangement of appointments so that Article 14 does not stand violated. In so far as petitioner no. 2 is concerned, in view of the fact that departmental proceedings were pending against him as on the date of consideration and still remain pending, the Court finds no error in the action of the respondents declining his consideration. On the date of consideration departmental proceedings were also pending against petitioner no. 3. 3 There can thus be no illegality in the action of the respondents in not considering him as on the relevant date. But if, as was submitted on behalf of the petitioner, he has been subsequently exonerated in the departmental proceeding on 9.10.2010, and vacancy subsists, the petitioner fulfils other conditions of eligibility, the respondents require more personnel for deputation, his case may be considered. The order to be complied with within a maximum period of two months from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J. )