IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7972 OF 2007 DR.VISHVENDRA KUMAR SINHA, S/O CHAKRAPANI GARAIN, R/O H-3 DOCTORS COLONY, KANKARBAGH, PATNA 20, PS. PATRAKAR NAGAR, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.COMMISSIONER CUM SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 3.ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 4.DEPUTY SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 5.DR. SATYENDRA KUMAR SINHA, S/O AMBIKA PRASAD, J/61, PEOPLE’S CO-OPERATIVE COLONY, KANKARBAGH, PS. KANKARBAGH, DISTRICT PATNA, PRESENTLY POSTED AS ASSISTANT PROFESSOR, ORTHOPEDICS, ANUGRAH NARAIN MEDICAL COLLEGE, GAYA. 6.JOINT SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 7.DR. S.S. JHA, R/O MOHANPUR, NEW PUNAI CHAK, P.S.SHASTRI NAGAR, DISTRICT PATNA. ………………………RESPONDENTS. ----------- 10/ 19.08.2011 Having heard counsel for the parties and on perusal of the records (files) produced by Mr. Parthasarthi, learned counsel for the State in compliance to the earlier order of this Court, it becomes clear that when objections were notified on the tentative gradation list dated 10.01.2008, relating to the cadre of teachers of the Orthopedics Department of 2 all medical Colleges, the objections filed by the petitioner and respondent no. 5 were merely enumerated alongwith other objections. From the note sheet of the proceeding of the meeting dated 19.12.2007 kept at pages-108/C to 116/C and the corresponding notes, it becomes clear that not a word by way of consideration was said with regard to the objections raised by different incumbents including the petitioner and respondent no. 5. The aforesaid records and files therefore supporting the submission of Mr. Sinha, learned Senior Counsel for the petitioner that the final gradation list published dated 08.07.2008 contained in Annexure-18 was issued without proper application of mind. The very purpose of inviting objections to tentative gradation list is to consider such objections before finalizing it and that having been not done this Court will have no difficulty in accepting the submission made of Mr. Devendra Kumar Sinha, learned senior 3 counsel for the petitioner that the interse seniority of the petitioner vis-à-vis other including Respondent no. 5 was decided without considering the objections raised by him. At the same time the submission of Mr. Banwari Sharma, learned counsel for respondent no. 5 to the extent that the objections raised by respondent no. 5 as also with regard to seniority reflected in the tentative gradation list was not considered appears to be correct, inasmuch as, from the records including the proceedings of the meeting dated 19.12.2007, it is manifest that a mere formality was observed by listing and recording the nature of all objections without giving any reasons for their either acceptance or rejection. This Court therefore cannot approve such the final gradation list dated 08.07.2008 which must be held to be wholly bad and unsustainable either in fact or in law. Consequently the impugned final gradation list dated 08.07.2008 is hereby quashed. The Additional Secretary of the 4 Health Department, who is present in the Court today himself being not satisfied with such final gradation list has assured that the objections filed by all the incumbents including the petitioner and respondent no. 5 to the aforesaid tentative gradation list will be considered afresh and a final gradation will be issued thereafter in accordance with law, Thus this Court for the time being would not like to record anything against the officials who had been responsible in issuance of the earlier perfunctory final gradation list dated 08.07.2008 which to say the least is a abuse of exercise of power vested in them. Every Government Authority whenever designated and delegated with certain responsibility, he must do his duty with utmost devotion and honesty. This Court infact finds complete lack of bonafide in the issuance of impugned gradation list dated 08.07.2008 on the part of all the officials right from the assistant to the highest Authority who were associated in issuance of such final 5 gradation list dated 8.7.2008. Be that as it may since, the final gradation list will have a wider effect and repercussions on the fate and future of the cadre including promotion on the higher posts such exercise of finalizing the tentative gradation list dated 10.01.2008 must be completed within a period of four months from today. It will also be open to the petitioner and the respondent no. 5 to supplement their objections already filed but they must do it within a period of fifteen days from today, whereafter the Additional Secretary of the department will fix a date of hearing extending opportunity of hearing to all concerned persons. included in the tentative gradation list dated 10.1.2008 for supplementing anything further beyond their objections raised in writing to the seniority shown in the tentative gradation list dated 10.1.2008 whereafter he will place his views and obtain orders of the State Government before issuance of final gradation list. 6 The entire aforesaid exercise must be completed within a period of four months from today. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)