DHARNI DHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER retired from the substantive post of Superintending Engineer in the Department of Water Resources, Government of Bihar on 31.1.1998. Admittedly, his claim for promotion to the higher post of Chief Engineer has been kept pending because while the petitioner was posted in the Department of Minor Irrigation, apparently on deputation, there were charges ot financial irregularities. It is surprising that in respect of charges relating to the year 1984 to 1986 while petitioner was posted in Minor Irrigation Division, Bhagalpur as Executive Engineer memorandum in respect of charges appears to have been issued on 19.3.1998 and 13.6.1998 by Minor Irrigation Department. The counter affidavit filed on behalf of respondent no. 3, the Secretary, Minor Irrigation Department, Government of Bihar, discloses that the allegations against the petitioner were for the first time made by a Member of the Legislative Assembly sometime in the year 1996 and only on account of pendency of such allegation even after receipt of explanation from the petitioner his case for promotion has not been finally considered on the ground that charges are still pending.

(3.) IN such circumstances, the Secretary, Minor Irrigation Department, Government of Bihar, respondent no. 3 is directed to ensure that the charges pending against the petitioner are finally decided one way or the other in accordance with law within a period of six months from today. Thereafter the case of the petitioner for promotion which is said to be pending on ground of pendency of the aforesaid charges shall be considered in accordance with law taking into consideration the outcome of pending proceeding relating to the charges within a further period of three months from the date of receipt of result in respect of pending charges. It goes without saying that if petitioner is granted promotion it must relate to a date since when his junior was given promotion and if consequential monetary benefits are found payable then his pensionary benefits shall also be revised by the concerned authority in accordance with law.