IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.357 of 2010 3 16.3.2010 Gopi Krishna Bihari Prasad, son of Late Raghunath Prasad, resident of village- Zaffarpur, Post Office Balsand, District Sitamarhi Petitioner ....... Appellant VERSUS 1. The State of Bihar through Chief Secretary, Bihar, Patna 2. The Home Secretary, Government of Bihar, Old Secretariat, Patna 3. The Director General of Police –cum- Inspector General of Police Forces, Bihar, Patna 4. The A.D.G. Police, Bhagalpur Range, Bhagalpur 5. The D.I.G. Police, Bhagalpur Range 6. The D.I.G . (Administration) Bihar, Patna 7. The Superintendent of Police, Bhagalpur Respondents .... Respondents ------- For the Petitioner : Mr Syed M. Ashraf, Advocate For the State : Mr Maruth Nath Roy, AC to SC XI ------- Heard learned counsel for the appellant and learned counsel for the State. From the order of the Writ Court under challenge, it is evident that contrary to judgment of the Apex Court, the appellant was given a higher place in the gradation list on the basis of date of officiating promotion as Sub Inspector or Police but when the appellant staked the claim for promotion on that basis, the authorities 2 realized their mistake and placed the appellant at correct place in the gradation list on the basis of date of his regular promotion. The grievance raised by the appellant is that such correction which resulted in lowering down the appellant in the gradation list, was done without affording him opportunity of hearing and was, therefore, violative of principles of natural justice. In our considered view, the error corrected by the authorities being required as per law declared by the Apex Court in the case of Government of Bihar v. Brij Bihari Prasad Singh, which has been noticed by the Writ Court, the Writ Court could not have interfered in the matter so as to perpetuate an obvious error or illegality. That being the settled law, we find no merit in this appeal and it is accordingly dismissed. (Shiva Kirti Singh,J.) (C. M. Prasad, J.) sk