JAI NARAYAN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT (CAV) <DJG> AJAY KUMAR TRIPATHI,J.</DJG> 1.The writ application has been filed by the petitioner for grant of promotion on the post of Joint Secretary, General Administration Department under Government of Bihar with effect from 27.8.2013 since this is the date when juniors to the petitioner came to be granted benefit of promotion. Petitioner also wants consequential benefits as well as quashing of notification contained in Annexure- 2 dated 27.8.2013 by virtue of which at least three officers junior to the petitioner have been granted promotion at the cost of exclusion of the name of the petitioner. Petitioner terms such an action and decision on part of the respondents to be violative of Articles 14, 16 and 21 of the Constitution of India.

(2.) As per the petitioner, he belongs to 31st batch of the Bihar Administrative Service and his seniority position in the civil list dated 1.9.2011 is 313/11. When the turn for grant of promotion to the batch came, at least three persons junior to the petitioner came to be promoted and to the shock of the petitioner, his name did not find mention in Annexure- 2.

(3.) Petitioner sought information under the Right to Information Act, as to the reason for non-grant of promotion. The reason which emerged from the information is that the petitioner is an accused in Hilsa P.S. Case No.452 of 1998 and sanction for prosecution too had been given.