PARAS NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ashok Kumar Keshari, learned Counsel for the petitioner and the learned G.P.IX for the State.

(2.) THE petitioner seeks quashing of the Memo No. 1759 dated 19.9.2005 (Annexure-1) by which the Director Statistics & Evaluation, Bihar, respondent No. 2 has cancelled the first time bound promotion given to the petitioner w.e.f. 13.6.1984, and he has further prayed for quashing of the order contained in Memo No. 2214 dated 5.12.2005 (Annexure-2) by which the Director has ordered to recover Rs. 1,15,029.50 from the petitioner and has further crdered to deduct rupees five thousand per month from the salary of the petitioner since December, 2005.

(3.) SO far as the aforesa ,d propositions raised by the learned Counsel are concerned, I do not find that there is any support for such proposition in any of the cases cited by him. In the case of B.S.R.T.C. v. Yasoda Devi (Supra) promotion granted to an employee Page 2107 by the Corporation was sought to be cancelled after his retirement without giving him any opportunity of being heard and that too after long lapse of time. It was thus held by this Court that, by lapse of such a long period, the respondent has acquired right and also earned .efficiency bar, Thus, the doctrine of condonation applies. The same is not the position in the present case. .Here the first time bound promotion granted clearly stipulates that it is subject to the confirmation of the higher authority,