KEDAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) PETITIONER has filed this application for a direction to the State respondents to consider his case for promotion on the post of Chief Engineer against the vacancy, which arose in the year 1994 in the light of the Government Resolution No. 213 dated 7.6.2002, Annexure -9 to this application issued pursuant to insertion of Article 16(4a) in the Constitution, which empowers the state to provide for making special provision for reservation in the matters of promotion in favour of Scheduled Caste and Scheduled Tribes Officers as they are not adequately represented in the services of the State as Officers junior to him in the revised gradation list of Superintending Engineer, bearing Notification No. 8358 (s) dated 11.11.2005, Annexure -11, vide Serial Nos. 46, 47 and 48 have already been so promoted ignoring his better claim and seniority position at serial No. 42.

(3.) DURING the hearing of this application, petitioner has challenged the decision of the promotion committee to keep the result of consideration of his case for promotion in a sealed cover asserting that in terms of the resolution of the State Government dated 11.9.2002, Annexure -10, he ought to have been promoted on the post of Chief Engineer as in the light of the guidelines contained in the resolution dated 11.9.2002, Annexure -10, there is no likelihood of the criminal prosecution to come to an end in near future since criminal case was lodged in the year 1997 and the charge sheet was submitted in the year 2000, 2002, 2004 and 2006 and it is not known by which time the trial shall come to an end, particularly in view of the fact that he is to superannuate in February, 2008 and if it is not possible to consider and grant regular promotion, atleast he should have been granted ad hoc promotion. In support of such plea, learned Counsel for the petitioner has relied on the judgment of the Hon'ble Supreme Court in the case of Bank of India and Anr. v. Degala Suryanarayana reported in : (1999)IILLJ682SC , paragraph 14 and the orders of the Hon'ble Single Judge of this Court dated 4.4.2007, passed in the case of Swarnendu Sinha v. The State of Bihar and Ors. bearing CWJC No. 13268 of 2005.