ARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsels for the parties.

(2.) The aforesaid decisions are relating to un-communicated Annual Confidential Report, thus, on facts present case is distinguishable. It is to be noted that if the disciplinary authority failed to communicate the penalty order of censure to the petitioner dtd. 5/10/2017 as on 7/3/2019, however, one has to draw inference that as on 7/3/2019 inquiry would be pending consideration. It is further noticed that under Bihar Government Servants (Classification, Control and Appeal) (Third Amendment) Rules, 2010. Rule 14 of the said Rules, it is made clear that if penalty of censure is imposed in such an event an employee is not entitled for promotion for a period of three years from the date of alleged charge. Thus, petitioner is not entitled for promotion for a period of three years from the date of allegation in the present case.

(3.) If the authorities have not conducted any DPC for the purpose of promotion to the post of Superintending Engineer between 7/3/2019 to this day, the concerned official respondent is hereby directed to constitute DPC for the purpose of promotion to the post of Superintending Engineer from the Executive Engineer and consider the petitioner's name in the ensuing DPC. The process of filling up of future vacancies i.e. beyond 7/3/2019 shall be completed within a period of three months from the date of receipt of this order if the Superintending Engineer post/s are available.