HARI SHARAN THAKUR Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner in all the three applications as also the counsel for the State. In all the three applications, the petitioner is the same person.

(2.) He has been visited with separate punishments in separate proceedings under Rule 55 A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to he referred to as 'the Rules ') and, thus, the necessity for him to file three separate writ applications. The cumulative effect of the three orders of punishment has been the denial of promotion to him on the post of Superintending Engineer from the date as recommended by the Bihar Public Service Commission.

(3.) THE petitioner on 12.9.1974 was confirmed as Executive Engineer (Mechanical) in Water Resources Department. On 5.6.1980 he was given current charge of the post of Superintending Engineer. Simultaneously, he filed a representation for consideration of his case for promotion in the reserved category of Scheduled tribe claiming to be "Lohar Tribe". His representation was rejected in December, 1990. His saga of harassment starts thereafter when he has had to come to this Court repeatedly in writ applications and in contempt applications While the petitioner kept approaching this Court in writ applications and contempt applications arising out of the same, the Bihar Public Service Commission recommended the petitioner on 3.12.1997 for substantive promotion to the post of Superintending Engineer from the date that his juniors have been promoted i.e. 9.2.1982. The benefit of this recommendation has been denied to the petitioner for reasons of certain punishment given to him in three separate departmental proceedings visiting him with punishment for the years 1977 -78 (giving rise to CWJC No. 2041 of 2000), 1988 -89 (giving rise to CWJC No. 2043 of 2000) and 1989 -90 (giving rise to CWJC No. 2040 of 2000).