LAWS(PAT)-2019-4-39

NIRANJAN KUMAR DUTTA Vs. STATE OF BIHAR

Decided On April 30, 2019
Niranjan Kumar Dutta Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dated 03.01.2018 passed in C.W.J.C. No. 2209 of 2011, whereby and whereunder the learned Single Judge has declined to entertain the writ application which was filed by the writ petitioner for quashing of the notification as contained in Memo No. 1467 dated 09.12.2009 by which the appellant- petitioner has been inflicted punishment of censure for the year 2004-05 and also for holding of two increments with non- cumulative effect. The appellant-petitioner had further sought to Patna High Court L.P.A No.175 of 2018 dt.30-04-2019 quash the appellate order as contained in Letter No. 1465 dated 28.09.2010 issued under the signature of the Deputy Secretary, Water Resources Department, State of Bihar who has confirmed the punishment passed on 09.12.2009.

(2.) The facts leading rise to the present writ application can be briefly enumerated as follows:-

(3.) Learned counsel for the appellant-petitioner submitted that on account of the aforementioned punishment order, the petitioner's promotion to the regular post of Executive Engineer was also kept in abeyance due to the Patna High Court L.P.A No.175 of 2018 dt.30-04-2019 pendency of the departmental proceedings. Thereafter, due to the order of punishment though several similarly situated Junior Engineers had been promoted but his case was not considered.