BINODA NAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned councel for the State.

(2.) The petitioner is a seargent Major in the Police Establishment of the State of Bihar. He is eligible for promotion as Dy. S. P. in the Bihar Police service. It is stated that his name has been recommended for such promotion but according to him be has been subjected to a departmental proceeding just on time so that the pendency of the proceeding may be used as a ground to deny to him his due promotion.

(3.) There are serious allegations of mala fide, replied to and again reasser- ted. We do not propose to exemine these allegation. We however, feel that once the petitioner has been released from suspension, which fact is not in dispute and his case has been recommended for promotion to the Bihar Police Service, pendency of the departmental proceeding should not be allowed to be used as a weapon to withhold the promotion. If otherwise available to the petitioner.