LAWS(PAT)-2004-10-7

PRADIP KUMAR GANGULI Vs. STATE OF BIHAR

Decided On October 07, 2004
PRADIP KUMAR GANGULI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Sri Shivaji Pandey for the petitioner and Sri Navendra Kumar, J.C. to S.C. VI for the State of Bihar and official respondents.

(2.) The petitioner who is holding the post of Assistant Inspector General, Prison-II and is a Member of Senior branch of Bihar Jail Service has filed this writ application praying, interalia, that authorities be directed to consider his case for promotion to the Senior Selection Grade. As according to him persons junior to him in the said service have already been given the Senior Selection Grade vide notification bearing Memo No. 4487 dated 29.10.1993, Annexure-8 to the writ application.

(3.) The State respondents with reference to their counter-affidavit have submitted that the case of the petitioner for promotion to the Senior Selection Grade was considered twice, once on 16.10.1990 and again on 16.5.1997 but on both occasions he was not found fit for promotion by the Departmental Promotion Committee and as such he could not be promoted in that grade Counsel appearing for the State in support of the aforesaid statement made in the counter-affidavit produced before me the photo copy of the proceedings of the Departmental Promotion Committee held on 16.5.1997 which is taken on record of this case and with pointed reference thereto submitted that the case of the petitioner was considered vide Item No. 1 and he was not found fit for promotion.