STATE OF BIHAR Vs. BISHAN SINGH JAYAT

JUDGEMENT

(1.) It is seen that the impugned order is based on the judgment of this Court in the case of Union of India and Ors. V/s. K.V. Jankiraman and Ors., 1991 4 SCC 109.

(2.) In the instant case we are also informed that the sealed cover has since been opened and the Respondent has been promoted by the Departmental Promotion Committee. The charge sheet in the criminal case is filed subsequent to the promotion of the Respondent. In these circumstances, we are not inclined to interfere with the impugned order. We dismiss this special leave petition leaving open the rights of the State to initiate such action as it deems appropriate in accordance with law.

(3.) The special leave petition is dismissed.