MANRUP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the State.

(2.) The petitioner was given a show cause notice dated 29.7.2004 by the office of the Chief Engineer, Water Resources Department at Denri. It states that the time bound promotions granted to the petitioner were contrary to the Finance Department letter no. 3683 dated 17.5.2003 and the consequential departmental order in pursuance thereof vide no. 3716 dated 9.6.2003. The petitioner submitted his reply to the same. Final orders have been passed on 10.1.2006 cancelling the time bound promotions and shifting the dates as also ordering recovery. The writ petition encloses an order dated 6.5.2006 that a Bench of this Court in CWJC No. 1009 of 2005 had struck down the Finance Department Circular dated 17.5.2003. It is therefore apparent that the show cause notice was based on a specified ground which was no more available after it was struck down by the Court.

(3.) The counter affidavit affirmed by one Sri Dharni Dhar Prasad, who does not disclose his official status, at paragraph 18 states that the striking down of the Finance Department circular dated 17.5.2003 was inconsequential as the order can still be justified in light of the departmental letter no. 1503 dated 27.3.1987. The action is therefore justified in law.