AWADHESH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Ganesh Prasad Singh learned senior counsel for the petitioner, Sri Shyam Kishore Sharma, Government Advocate No. V for the State of Bihar and Sri Dhrub Mukherjee of the State of Jharkhand.

(2.) IN response to the query made by this Court under orders dated 10.8.2006, learned counsel for the State of Bihar has informed this court that junior to the petitioner was considered and granted promotion on the post of Executive Engineer vide notification dated 13.6.2002 with effect from 1.4.1998, as such, the due date of promotion in the case of the petitioner should also be 1.4.1998.

(3.) IN support of the aforesaid submission, learned counsel for the petitioner has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Bank of India and Anr. Vs. Degala Suryanarayan, reported in A.I.R.(1999) S.C. 2407, wherein His Lordship placing reliance on the celebrated judgment in the case of Union of India Vs. K.V. Jankiraman, reported in A.I.R. 1991 SC 2010 held that the prospective punishment order cannot deprive the employee of the benefit of the promotion on the due date of promotion on which no charge or any proceeding was pending against him.