IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9872 of 2009 BHARTI CHANDRA GHOSH, SON OF SRI JYOTISH CHANDRA GHOSH, RESIDENT OF VILLAGE BHURIA, P.S. SANHAULA, DISTRICT BHAGALPUR AT PRESENT RESIDING AT MOHALLA GANDAK COLONY, ROAD NO.1, RAMDAYALU NAGAR, P.S. KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, WATER RESOURCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR. 4. THE CHIEF ENGINEER, WATER RESOURCE DEPARTMENT, GOVT. OF BIHAR, MUZAFFARPUR. 5. THE SUPERINTENDING ENGINEER, TIRHUT CANAL DIVISION, GOVT. OF BIHAR, MUZAFFARPUR. 6. THE EXECUTIVE ENGINEER, TIRHUT CANAL DIVISION NO.1 GOVT. OF BIHAR, MUZAFFARPUR ---RESPONDENTS. ----------- 02. 18.08.2009 Heard learned counsel for the petitioner and the counsel for the State, SC-16, who prays for three weeks time to file counter affidavit 2. This Court having perused the contents of the impugned order is satisfied about the contents of the order which is absolutely clear, it does not require further reasons supporting the order as to why the prayer of the petitioner for grant of exemption was refused. Accordingly, prayer of the State counsel for grant of three week’s time to file counter affidavit is refused. 3. Petitioner served as Revenue Clerk in the Tirhut Canal Division No.1. He has applied for grant of exemption from passing the departmental accounts examination so that his case for grant of Assured career Progression may be considered. His request for grant of exemption from appearing in the departmental accounts examination has been refused by the Divisional Commissioner, Tirhut Division, Muzaffarpur and the order has been communicated to the Chief Engineer, Water Resources Department, Muzaffarpur by the Secretary of the Divisional Commissioner under letter No. 1115 dated 3.4.2009, Annexure-1/A, perusal whereof indicates that the request of the petitioner for grant of exemption from - 2 - appearing in the departmental accounts examination has been refused with reference to the circular letter of the State Government dated 15.5.1992, Annexure-11 on the ground of delay caused by the staff and officers of the office where the petitioner served in submitting such proposal for exemption from passing the departmental examination with direction to take action against the staff and the officer of the said office. 4. Learned counsel for the petitioner submits that circular letter of the State Government referred to in the impugned order is contained in Annexure-11 to this application and submitted that the ground of delay caused by the staff and officers in putting up the proposal to the Divisional Commissioner for grant of exemption is no ground for refusing the prayer of the petitioner for grant of exemption as delay caused by the authorities cannot be a ground to deprive the petitioner of the benefit of the circular. 5. In the circumstances, I set aside the order contained in letter no. 1115 dated 3.4.2009, Annexure-1/A and direct the Divisional Commissioner, Tirhut Division, Muzaffarpur to re-consider the matter exactly in the same terms which is contained in the circular letter of the State Government dated 15.5.1992 and if he is not inclined to grant exemption to the petitioner, he must indicate reasons by passing a speaking order within one month from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)