GOKUL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was appointed on 1.7.1977 to the post of Superintendent, Commercial Taxes. He was allowed ad hoc promotion to the post of Assistant. Commissioner, Commercial Taxes vide letter dated 22.6.1990. However, the said promotion was not Confirmed and the petitioner retired in the year 1999. He thus has filed the writ petition for issue of direction to promote him to the post of Assistant Commissioner on regular basis and, thereafter, to the post of Deputy Commissioner, Commercial Taxes.

(2.) A counter-affidavit has been filed on behalf of respondents wherein stand has been taken that the name of the petitioner was considered for promotion on regular basis to the post of Assistant. Commissioner, Commercial Taxes in the meeting of Departmental Promotion Committee held on 26.5.1997, but he was not granted promotion because no clearance certificate was given by the Cabinet (Vigilance) Department. However, when clearance certificate was made available the case of the petitioner was considered by the Departmental Promotion Committee on 27.5.2003 and it was found that a criminal case i.e. Vigilance Case No. 7/94 was instituted against the petitioner in which charge- sheet has already been filed against him and as such the Departmental Promotion Committee did not recommend his case for promotion to the post of Assistant Commissioner, Commercial Taxes.

(3.) The submission of learned counsel for the petitioner is that the petitioner was entitled to promotion to the post of Assistant Commissioner, Commercial Taxes much before 1994 and at that very time there was no case pending against him, nor there was any adverse report against him and as such even though the statement made in the counter-affidavit that charge-sheet in Vigilance case has been filed is accepted the respondents cannot deny promotion to him as he was entitled to promotion much earlier and because of inaction on the part of the State of Bihar/respondent authority he was not allowed regular promotion to the post of Assistant Commissioner, Commercial Taxes.