RAM MOHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THE sole grievance of the petitioner in the present writ application is that though by order dated 5.12.2001 (Annexure 5) after inordinate delay the State granted the petitioner promotion with retrospective effect in the Bihar Police Service from 17.11.1989 but by the same order referring to Circular no. 2074, dated 4.4.1985 the petitioner has been denied the other benefits accruing as a consequence of the said promotion. The case of the petitioner is that once it is found that promotion was due and was wrongly denied then on promotion being given, it has to be given with all consequential benefits and nothing can be with -held.

(3.) IT goes without saying that if a person commits a default the consequence thereof has to be borne by him. No one can be punished for a default committed by another nor can a person be told that "I have committed a default and you have lost of right because of that default."