SHRI RAM CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner for a direction to act according to the directions given by the apex court on 3.10.1994 in S.L.P. No. 27132 of 1994, as contained in Annexure 2, and for quashing the show -cause notice issued under Rule 139 of the Pension Rules dated 18.2.1995 (Annexure 3), notice issued under Rule 43 (b) of the Pension Rules dated 16.1.96 (Annexure 4) and the notice issued under Rule 139 of the Pension Rules dated 22.7.1995 (Annexure 5).

(2.) THE facts necessary for disposal of the present writ application are that the petitioner was appointed as an Engineer Assistant in the year 1958, promoted as an Assistant Engineer in 1961. In the year 1962, he was promoted as an Executive Engineer and in the year 1984, he was selected in the cadre of the Superintending Engineer and confirmed subsequently on the said post.

(3.) ACCORDING to the petitioner, he was entitled to be promoted to the post of Chief Engineer from 22.9.1992 on the ground that the junior to him was promoted to the said post on that date, but that was not done in the case of the petitioner. The petitioner, thereafter approached this court in C.W.J.C. No. 3223 of 1993 and the same was disposed of by order dated 18.1.1994. At the time of disposal of the writ application, the petitioner had already superannuated. It was brought to the notice of the court that the petitioner was facing prosecution in a criminal case registered by the Vigilance Department and this court having noticed that no charge -sheet was submitted for five years held that on the ground of pendency of a criminal case, promotion could not be denied and, accordingly, directed the State Government to consider his case for promotion and in case the petitioner was found, fit, then promotion from the back date with monetary benefit should be given and on the said basis, the petitioner's retiral benefit should also be calculated and amount due should be paid.