CHANDRAWATI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned counsel for the State.

(2.) IN this writ petition, the petitioners have sought for direction to quash the minutes of the Departmental Promotion Committee dated 23.12.2000 to the extent it adversely affected that original petitioner and to command the respondents to promote him in Bihar Education Service Class I (Senior Selection Grade) with effect from the date he was entitled according to his date of appointment or at least from the date the juniors to the original petitioner have been promoted.

(3.) ACCORDING to the learned counsel for the State, the promotion granted to other co-accused Khagendra Kumar related to the State of Jharkhand and, as such, the State of Bihar is not responsible for the same. However, the Director (Administration)-Cum-Deputy Secretary, vide Annexure-A to the counter affidavit, informed the Joint Secretary of the Human Resources Development Department, Jharkhand that the entire file relating to the charges framed against Khagendra Kumar was made available to him and also about the order of this Court passed in the M.J.C. in order to find out as to under what circumstances, said Khagendra Kumar was given promotion, However, he submitted that since only because the original petitioner died, criminal case did not proceed against him, but the fact remains that the charges framed against him are of serious nature and he could not get promotion on the account. Learned counsel for the State further submitted that merely because other persons with similar charges had been granted promotion cannot be made the basis for claiming promotion on the facts and circumstances of the case.