RAM BRITT PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioner is aggrieved by the denial of promotion to the post of Inspector with effect from 15.10.1996 with all consequential benefits.

(2.) THE petitioner was kept deprived of the said promotion only on account of pendency of departmental proceeding which ended by the order, of his dismissal passed on 31st July, 2002, contained in Annexure 9, and finally by the order passed on his appeal on 22.11.2002, contained in Annexure 10. By the said order (Annexure 10) the petitioner was taken back in service from the date of his dismissal and treating the entire period since initiation of proceeding as in service and, further, directing for payment of the due salary for the entire period. However, the matter was remitted back for fresh enquiry by some competent officer but, in the meantime, the petitioner retired on 1.5.2003 and no final order could be passed till his retirement.

(3.) LEARNED counsel for the State, however, has not been able to show that the said proceeding remained pending as it was ever converted into one under rule 43(b) of the Bihar Pension Rules after the retirement of the petitioner.