OM PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and the State.

(2.) VERY short question is for consideration before this Court, i.e. to fix the date of promotion of the petitioner on the post of Joint Director Training in terms of the recommendation of Departmental Promotion Committee held on 26.12.1997. Petitioner 'sentitlement for promotion is not in dispute. The Departmental Promotion Committee in its meeting dated 26.12.1997 has recommended for petitioner 'spromotion to the post of Joint Director Training but the date of promotion was left to the department and the government.

(3.) COUNTER affidavit which has been filed by the respondents there also it has been admitted that the post became vacant with effect from 6.4.1994. On that date there was no departmental proceeding or criminal proceeding pending against the petitioner. Subsequently in the year 1999 a departmental proceeding was initiated in which also the petitioner was exonerated of the charges. A departmental proceeding was subsequently initiated under Section 43 of the Pension Rules in which he was punished for deduction of 25% of pension which order has been challenged by the petitioner in CWJC No. 11235 of 2003 and the operation of the order has been stayed by order dated 29.6.2004.