RAM NIWAS UPADHYA Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioner claims to be considered for promotion to the post of Assistant Engineer (Civil) with effect from 12.1.2010 when his Juniors have been considered and promoted.

(3.) A counter affidavit has been filed on behalf of the respondents. The pleadings in para 7 speak of an administrative enquiry which cannot bar or deny him consideration for promotion. The counter affidavit next states that charges are proposed to be framed. It therefore becomes apparent that as of 12.1.2010 no charges had been framed much less departmental proceedings were pending against the petitioner.