VINOD KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Counter affidavit is stated to have been filed on behalf of respondents on 7.4.2010. Unfortunately the office has not placed it on record. This Court, therefore, requested the counsel for the State to make available his copy of the same for perusal so as not to hold up the proceedings on that ground. The office is directed to trace out the original counter affidavit and place it on record.

(2.) The petitioner is aggrieved by the order dated 27.10.2009 rejecting his claim to be considered for promotion as Superintendent of Excise from that of an Excise Inspector.

(3.) Learned counsel for the State does not dispute the fact that the junior of the petitioner has been promoted as such from 13.4.2005. The fact that the State may have granted such promotion belatedly from a retrospective date shall be of no avail to it. A show cause notice is alleged to have been issued to the petitioner on 14.2.2006 to which he replied, when a minor punishment of censure came to be passed on 24.1.2007 to be entered in a service records for the year 2006-07. His part against the same resulted in modification of that punishment to stoppage of one increment of non-cumulative effect on 22.10.2008.