STATE OF BIHAR Vs. DEVENDRA NATH PANDEY

JUDGEMENT

(1.) THIS is hardly a matter in which an appeal should be filed.

(2.) THE Court has heard Mr. V.N. Sinha, G.P.9 in the context of the counter affidavit in an answer to the petition which lies on record. The counter affidavit has been affirmed by an Additional Secretary, Department of Personnel and Administrative Reforms. Between the order which has been challenged by the State of Bihar (C.W.J.C. No. 1141 of 1994 dated 3 July, 1995) and the statement which has been made in the counter affidavit, learned State counsel submitted that he is not in a position to reconcile the decision already taken by the government duly approved by the Cabinet. More than this, he says, he cannot submit beyond the record.

(3.) THE Statement in the counter affidavit is reproduced : "..................... In the case of petitioner it is true that the promotion Committee recommended his name for promotion in the higher scale of A.D.M. and the Cabinet also approved it................... the recommendation of Departmental Promotion Committee was there and the same was approved by the Cabinet also."