KRISHNA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Ashish Giri, learned counsel for the petitioner and Sri Ajay Kumar Sharma, learned A.C. to Principal Addl. Advocate General.

(2.) The petitioner, who superannuated w.e.f. 31st August, 2007 as Additional Commissioner, Commercial Taxes, has approached this Court invoking its writ jurisdiction under Article 226 of the Constitution of India with a prayer to quash an order contained in Memo No. 850 dated 30 -01 -2008 passed by the Finance Commissioner, which was passed on representation filed by the petitioner. The petitioner had filed representation, in view of Division Bench order passed on 23 -08 -2007 in L.P.A. No. 406 of 2007. The petitioner had claimed that being senior -most Joint Commissioner in the Finance Department, he was entitled to be promoted as Additional Commissioner w.e.f. 12 -04 -2002.

(3.) This is the third time by the petitioner in approaching this Court for the relief sought for in the present writ petition. Earlier, the petitioner had filed a writ petition for granting him promotion as Additional Commissioner w.e.f. 12 -04 -2002, vide C.W.J.C. No. 5306 of 2005. The said writ petition was disposed of by a detailed order granting liberty to the petitioner to file an appropriate representation. However, dissatisfied with the order of the single bench, the petitioner filed an appeal vide L.P.A. No. 406 of 2007, which too was disposed of almost following the observation of the single bench with liberty to file representation before the Finance Commissioner and thereafter, the Finance Commissioner was directed to consider the representation and dispose it of after hearing the parties in accordance with law. Thereafter, representation was filed by the petitioner and by the impugned order i.e. order dated 30 -01 -2008 (Annexure ,,25 to the writ petition), the representation of the petitioner was rejected, which has been assailed in the present writ petition with consequential relief.