IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1119 of 2008 SHRI DEVANANDAN TRIPATHI . Versus THE STATE OF BIHAR & ORS . ----------- For the Petitioner:- Mr. A. B. Ojha, Adv Mr. Sriniwas Jha, Adv. For the State:- A.A.G.-2 For the Advocate General :- Mr. Ranjan Kumar, Adv. ------------- 2. 23.12.2009 Heard learned counsel for the petitioner, for the State and for the Accountant General. Aggrieved by non-consideration for grant of Super Time Scale while his junior was granted the same, the petitioner preferred C.W.J.C. No. 5806 of 2004. It was disposed with the direction that he may approach the authority first with his grievance who shall decide it by a reasoned and speaking order. In pursuance thereto, the impugned order dated 3.1.2006 came to be passed that in view of the pendency of F.I.R. No. 255/1989 against him his case was not considered for grant of Super Time Scale. Simultaneously, the order states that though the petitioner claims that the criminal matter has come to an end, since the department was not in the know it finds it difficult to consider his case. It is not in controversy that final form in the criminal matter had been submitted on 31.8.1996 itself. The order passed by a Court of law in exercise of its statutory powers is publication by itself. If the petitioner 2 had brought the matter to the attention of the authorities, it was for the authorities to have verified the matter since the F.I.R. is prosecuted by the State and not by the individual. The order dated 3.1.2006 is therefore held to be passed on non est grounds, being unsustainable, it is, accordingly, set aside. Let the respondents consider the case of the petitioner for grant of Super Time Scale from the date of grant to the Junior, in accordance with law, within a maximum period of three months from the date of receipt/production of a copy of this order along with all consequential monetary benefits. If the respondents find justification in the claim of the petitioner and he raises a claim for interest, the authorities are obliged to consider the same and pass a reasoned and speaking order, should they propose to deny interest. In the event of grant of interest appropriate administrative action shall be taken as ultimately the liability for interest shall be borne by the concerned officer and not the State Government. The writ application stands disposed. P. Kumar (Navin Sinha, J.)