RAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is on the verge of retirement and belongs to Bihar Administrative Service and is at present holding the post of Deputy Development Commissioner at Nawada. The reason for him to file this writ application is issuance of Annexure-5 dated 18.6.2014, by virtue of which large number of persons have been granted promotion to the rank of Joint Secretary with a particular pay band and grade pay. Petitioner's case is that persons whose name figures from serial No.44 onward are all juniors to him and his claim for consideration for promotion has been sidetracked on a contrived kind of reason and stale kind of allegation which is more than 25 years old.

(2.) Petitioner has filed a supplementary affidavit during the pendency of the present writ application since a hurried kind of punishment of 'censor' was imposed upon the petitioner with regard to a project and assignment which he was supposed to carry out under the MLA's Scheme in the district of Saharsa, in the year 1990-91. At that point of time petitioner was posted as Block Development Officer. Petitioner had offered his explanation, matter came to rest. Nothing thereafter was done on that explanation. Petitioner earned two different promotions on the next higher ranks subsequently. But when it came down to promotion as a Joint Secretary, the past was raked up as a ground and a hurried kind of order of punishment of 'censor' was imposed on 18.12.2014.

(3.) Without going into the controversy or the question whether the punishment order is legal or not at this juncture, the fact that the punishment of 'censor' is supposed to relate back to the year of the charge, as is evident from reading of Annexure-6, annexed with the supplementary affidavit, the same has lost its effect many decades ago.