SURESH PRASAD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, who is working as District Accounts Officer in the rank of Assistant Commissioner, Commercial Taxes seeks quashing of the part of recommendation of Departmental Promotion Committee (herein after referred to as the DPC ) dated 18.4.2007, whereby his promotion has been withheld awaiting sanction for prosecution, keeping a post reserved for him. He further seeks directions to the respondents to give him promotion to the post of Dy. Commissioner, Commercial Taxes in the scale of Rs. 12000-16500.00 and also to give all other consequential benefits in accordance with law from the date his juniors have been promoted.

(2.) Before I consider the submissions of rival parties, it would be relevant to notice the facts of the case in brief.

(3.) The petitioner was working on the post of the District Accounts Officer, East Champaran at Motihari in the rank of Assistant Commissioner. It appears that the first DPC met on 18.04.2007, in which cases of 24 persons were taken up out of which 11 persons were promoted. Petitioner's case could not be considered on merit because of absence of confidential character roll for the relevant period. The next DPC met on 21.11.2007 which recommended seven persons for promotion. Third DPC met on 30.11.2009 which also recommended five persons for promotion. Again case of the petitioner was not recommended for promotion. Being aggrieved, petitioner filed CWJC No. 6221 of 2005 which was disposed of on 21.02.2007 directing the Chairman, DPC-cum-Board of Revenue, Government of Bihar, Patna to convene a meeting of DPC at an early date and consider the case of the petitioner, ensuring that the relevant documents are taken into consideration. Pursuant to order of this court, dated 21.2.2007, passed in C.W.J.C. No. 6221 of 2005, DPC considered the matter of promotion of the petitioner to the post of Deputy Commissioner and kept a post reserved for him. Again on 21.11.2007, DPC considered the matter of promotion of the petitioner and decided to keep his matter with respect to promotion in sealed cover.