SHRI KRISHNA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner seeks issuance of an appropriate writ of or in the nature of mandamus commanding upon the respondents to consider the petitioner's case for promotion in the rank of Addl. District Magistrate/Senior Selection Grade, with effect from 1989-90 with all consequential benefits from the date when the persons junior to him have been promoted to the said grade.

(2.) The petitioner is a member of the Bihar Administrative Service and joined as Sub-Deputy Collector in 1937 and he was notified as Deputy Collector in 1976. The petitioner was posted as the Block Development Officer Benipatti in the district of Madhubani some time in the year 1985. It is stated that the Mukhiya of the Gram Panchayat because of some ulterior motive reported some irregularities and on these allegation, a notice to show cause was issued to the petitioner on 11.6.1986. Thereafter a preliminary enquiry was set up and the petitioner was exonerated in the said preliminary enquiry. It is alleged that after sleeping for more than five years, on 15.12.1991 a charge-sheet was issued to the petitioner on the same and similar charges and the petitioner replied to those charges. However, the respondents took no action for a long time and then on 24.2.1993, suspended the petitioner on the ground of pendency of the departmental enquiry. The petitioner's case is that the respondents were sitting tight over the matter and there was no progress in the proceeding. Consequently, the petitioner challenged the said order of his suspension by filing CWJC No. 161 of 1994 (R) and this Court vide order 27.4.1994 revoked the order of suspension and the departmental proceeding, subject to the condition that if it is not completed within four months from the date of the order.

(3.) The petitioner's further case is that in 1986, the petitioner was promoted to junior selection grade vide order dated 17.2.1986. It is alleged that the recommendation for promoting officers of the Bihar Administrative Service to Senior Selection Grade was issued on 1.2.1991 and several persons including respondent No. 4 has been promoted, but the petitioner's name was not there in the list of promotion or in the pending list, nor in any suitable list, meaning thereby that the case of the petitioner was not considered by the departmental promotion committee (hereinafter to be referred to as the D.P.C. for short).