RAJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER has filed this writ application for a direction to the respondents to grant him promotion to the post of Superintending Engineer with effect from 4th January, 1993 the date from which his juniors were promoted and for release of consequential benefits of the same.

(2.) THE facts of the case are that, after his promotion and, in due course of posting, petitioner was holding the post of Executive Engineer in Water Resources Department at the relevant time. On 20.3.1985 final gradation list of Assistant Engineers was prepared in which petitioner was placed at serial no.379. Subsequently he was promoted as Executive Engineer from which post he superannuated with effect from 30.6.1995. After his superannuation D.P.C. was held on 30.12.1995 in which the cases of Executive Engineers of the Department were considered for promotion. On that date, two departmental proceedings were pending against petitioner from before. Hence the D.P.C. did not consider his case for promotion and kept it pending and recommended for promotion of his juniors, namely respondent nos.6 to 23, with effect from 4.1.1993 the date on which the Executive Engineers had become eligible for promotion. Subsequently some other junior Executive Engineers were also promoted. In the proceeding petitioner had submitted his explanation, but till his superannuation no final decision had been taken. Hence, he moved this Court through CWJC No.2387 of 1998 challenging the first proceeding and this Court, by order dated 2.7.2002, vide Annexure -4, quashed the order of the Department contained in memo no.1058 dated 19.9.1997. After sometime petitioner moved this Court again through CWJC No.11341 of 1999 challenging the second proceeding. The said writ application was also allowed by order dated 28.1.2005, vide Annexure -7, in which the other order of the Department dated 10.9.1999 in respect of 2nd proceeding was also quashed. Thus, both the proceedings against the petitioner stood quashed by the Court and hence the stigma attached to him stood wiped out. After the 2nd order of this Court, petitioner represented in the Department for his promotion from the date his juniors had been granted promotion kept pending by the D.P.C. on account of said pending proceedings. Accordingly case of petitioner was considered for promotion and, vide Annexure -F dated 30.7.2005, his case was recommended to the Bihar Public Service Commission for placing his matter in the D.P.C. The meeting of the Committee was thereafter held on 11.12.2006 and, vide Resolution contained in Annexure -G dated 15.12.2006, it recommended that he, and others, be granted promotion with effect from 4.1.1993. It was noticed in the meeting that the informations had been received that till August, 2005 investigation was in progress in the criminal case and no charge sheet had been submitted. Hence, it was resolved that petitioner was eligible for promotion with effect from 4.1.1993 the date of promotion of his next junior, if the charges had not been framed against him. In the light of the said Resolution of the D.P.C. it appears that a report was called for from the S.P., Deoghar, who, through his letter dated 12.02.2008, vide Annexure -H, informed that in the criminal case charge sheet had been submitted against petitioner and other persons and, as he was absconding, steps for his arrest had been taken. Hence, in view of this report the recommendation of the D.P.C. was not acted upon in the case of petitioner.

(3.) LEARNED senior counsel for the petitioner submits that this report by the S.P. was wrong. He submits that, till the date of D.P.C. and even till the report by the S.P., charge sheet had not been submitted in the criminal case. He submits that finally the charge sheet was submitted in the case in 2011. Hence he submits that there being no legal bar in promotion of the petitioner in terms of the said Resolution of the D.P.C., the respondents should be directed to pass appropriate follow up orders pursuant to it.