NIWASH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application the petitioner has prayed for quashing of the order cancelling his promotion to the post of dy. Secretary in the Bihar Inter University Board, vide Annexure '6' and further also for quashing of the office order dated 28-5-93 of the Board contained in Annexure 7 whereby and wherunder respondent No 5 has been appointed as Duputy Secretary on purely temporary basis until further orders terminable without notice.

(2.) The contention of the petitioner is that he was given promotion vide Annexure '5' after approval of the Board. On the other hand, Mr, sinha, learned Counsel appearing for the Board contended that no such approval was ever accorded by the Board for giving promotion to the petitioner on the post of Deputy Secretary.

(3.) Further, he submitted that the provision regarding appointments to different posts are contained in Part III of the Bihar Inter University Board. Further. Mr. Sinha has referred to clause (v) , wherein it is provided that if the Chairman is satisfied that in the best intersest of the Board, immediate /employment of any superannuated Government/university employee is essential, he may appoint such persons with the apporoval of the Board on such terms and conditions as he considers fit and proper. Thus, the learned counsel has submitted that there is no provisions for filling up the post of deputy Secretary by promotion. Accordingly, it has been contended that as the order of promotion of the petitioner was erroneous, the same has been cancelled.