ARUN CHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application, has prayed for a direction upon the respondents to grant him promotion to the post of Superintending Engineer in the scale of Rs. 14,300-18,300/- from the date when persons junior to him, were granted such promotion.

(3.) In the counter-affidavit of the respondents, it has been explained that though, the name of the petitioner was earlier forwarded to the Promotion Committee, but on considering the fact that the petitioner was punished on some charges, his case was kept in abeyance. Thereafter, the petitioner preferred a writ application before this court for quashing the order of punishment. This court while disposing of the writ application, quashed the said order of punishment on the ground of lack of jurisdiction of the concerned authority who had passed the order. Subsequently, when the matter was remitted back to the competent authority, the petitioner was punished afresh by issuing warning to him. The petitioner disputes the nature of punishment by contending that the punishment of censure was imposed upon him. Be that as it may, it further appears from the counter-affidavit that the petitioner was given punishment on subsequent occasions also. This allegation of the respondents has been denied and disputed by the petitioner.