BACHCHO LAL DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a Superintendent of Jail. His prayer in this application is to quash annexures 5 and 6 appended to it. Annexure 5 is an order of the Government by which the petitioner has been retrospectively suspended from service from 1st January, 1981 to 17th August, 1982, and annexure 6 is another communication of the same date by which the petitioner has been suspended from the date of the issue of the order until a final decision is taken on a departmental proceeding going on against the petitioner. The further prayer is to quash the departmental proceedings initiated against the petitioner as well and to direct the Government to allow the petitioner to continue as Superintendent. Central Jail, Bhagalpur. Subsequently, a employer has also been made by an application filed in this case to reconsider the petitioner's case for regular promotion in accordance with the direction given by this Court in the judgment dated 30th October, 1975, passed in C.W.J.C. No. 1138 of 1973. It may be noted here that this prayer has not been pressed during the hearing of this case.

(2.) The relevant tacts, according to the petitioner, are that on the result of the thirteenth combined competitive examination held by the Bihar Public Service Commission, the petitioner was appointed as a Superintendent of Jail on 5th March, 1966 and after passing the departmental examination was confirmed in the junior branch of the Bihar Jail Service from 1st March, 1970. On 29th November, 1977, the petitioner was allowed to cross the efficiency bar with effect from 5th March, 1971. However, on 24th February, 1972. the petitioner was promoted to the senior branch of the Bihar Jail Service and was posted as Superintendent of the Special Central Jail, Bhagalpur. The petitioner was then reverted and posted as Superintendent of district Jail Daltonganj where he took over charge on 19th May, 1973. The petitioner had challenged his aforesaid reversion order in this Court and it was numbered as C.W.J.C. No. 1138 of 1973 in which, by judgment dated 30th October, 1975, the Court directed the State Government to reconsider the petitioner's case for promotion after excluding the uncommunicated adverse remarks against the petitioner for the years 1967-68 and 1968-69.

(3.) The petitioner on 29th September, 1976, was placed under suspension but when in 1977 the Janta Party came into power, the petitioner was reinstated and posted as Superintendent District Jail, Dhanbad. On 16th April, 1979, the petitioner, on an ad hoc basis for six months, was promoted and posted as Superintendent, Central Jail, Bhagalpur, and he was placed in duel charge of the office of the Superintendent Special Central Jail, Bhagalpur as well.