R S RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, petitioner seeks appropriate order directing the respondents to promote the petitioner on the post of Assistant Commissioner, Commercial Taxes with effect from 18.9.1997 with all consequential benefits by implementing the decision taken by the Departmental promotion committee in its meeting held on 31.5.97.

(2.) PETITIONER is a member of Bihar Finance Service and at present posted as Commercial Taxes Officer. He was suspended vide Government Notification No. 555 dated 29.6.96 and a departmental proceeding was initiated against him. In the said proceeding detailed enquiry was conducted and the Inquiring Officer submitted his report to the Government and ultimately petitioner was exonerated from all the charges. As a result of which entire period of suspension of the petitioner was treated on duty vide Government Notification No. 360 dated 3.6.1998. It is stated that in the meantime the Departmental Promotion Committee in its meeting held on 31.5.1997 considered the case of the petitioner for promotion to the post of Assistani Commissioner Commercial Taxes. However, several officers were given promotion but the case of the petitioner was kept pending on account of Departmental Proceeding and one post was kept reserved. Petitioner 'scase is that inspite of the aforesaid fact and also several reminders given by the petitioner he has not been promoted till date.

(3.) I have heard Mr. A.K. Sinha, learned Senior counsel appearing for the petitioner and Mrs. Ritu Kumar, learned J.C. to G.A.