AUN MOHAMMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The writ petitioner seeks direction upon the respondents to consider his case for promotion to the post of Chief Engineer and to pay him the consequential benefits.

(3.) It is submitted by learned counsel for the petitioner that by now the petitioner has superannuated. It is further submitted that the petitioner was made an accused in Jasidih Police Station Case No. 21 of 1991 dated 19.03.1991 along with one Indra Narain Jha and Madhusudan Prasad Verma and till filing of this writ application, chargesheet was not submitted against the petitioner and other accused persons and in the meantime, Indra Narain Jha approached this Court for the same self relief and this Court vide order, as contained in annexure 8, in view of the law laid down by the Apex Court in Union of India v. K. V. Janakiraman, AIR 1991 SC 2010 directed the authorities to consider the case of the petitioner for promotion as mere filing of the first information report would not be a bar. It is also submitted that Madhusudan Prasad Verma, who is one of the accused along with the petitioner was also considered by the authorities and notional promotion was granted to him vide order, as contained in annexure 9 dated 2.8.1997.