SHRIDHAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) Learned counsel appearing for the petitioner submits that the petitioner while posted as Executive Engineer, Sone Command Area Development Agency, was awarded with three punishments (i) censure (ii) withholding of three increments and (iii) restriction on promotion for seven years. Since these punishments had been passed without giving show cause or even memo of charge that order was challenged before the Patna High Court, in C.W.J.C.No.5751 of 2001 and the Patna High Court, vide its order dated 30.1.2003 quashed the order of punishment giving liberty to the department to proceed afresh. Thereafter when the matter of promotion was not taken up by the Department, the petitioner again filed a writ application before the Patna High Court which was disposed of directing the authority to consider the case of the petitioner relating to promotion on the higher post but in stead of complying the order of the Patna High Court, the State of Bihar passed an order in terms of Rule 43(b) of the Bihar Pension Rule for initiation of a proceeding, perhaps keeping in mind the order passed by the Patna High Court. That order was again challenged before the Patna High Court, in C.W.J.C. No.3627 of 2003. While the matter was pending, the State of Bihar withdrew the order under which proceeding in terms of Rule 43(b) had been ordered to be initiated.

(3.) Learned counsel submits that under the aforesaid situation nothing adverse was there against the petitioner, still the petitioner was never given either regular promotion or even the benefit of A.C.P, though the petitioner got retired on superannuation on 30.9.2002 whereas junior to the petitioner had given promotion to the higher post. Under that situation, the petitioner made representation before the Secretary, Water Resources Department, Government of Jharkhand, Ranchi for giving regular promotion with effect from the date on which junior to the petitioner was promoted to the higher post or to grant him to the benefit of A.C.P but no such decision has been taken by the authority and, therefore, the petitioner has moved to this Court.