NAVIN KUMAR MISHRA Vs. STATE

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner who is posted as Assistant Commissioner of Excise (incharge) has filed this writ petition praying, inter alia, to direct the respondents to consider his case for regular promotion to the post of Assistant Commissioner of Excise with effect from August, 1994, as he was posted as an Assistant Commissioner of Excise (incharge) with effect from 29.6.1994 and continue to hold the said post without any interruption since 29.6.1994 till date.

(3.) ANOTHER counter -affidavit has been filed on 30.8.2004 whereunder the authorities of the State of Bihar have stated that though the petitioner has been cleared of the charges levelled against him in the departmental proceeding his promotion to the post of Assistant Commissioner of Excise can not be considered as after bifurcation of the State of Bihar under Bihar Re -Organisation Act, 2000, the Cadre Division of the Officers and Staffs of the Excise Department of the United State of Bihar has not yet been finalised.