CHANDRA BHUSHAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS case relates to promotion to the post of Assistant Commissioner, Commercial Taxes.

(2.) THE petitioner, a member of Bihar Finance Service and posted as Commercial Taxes officer, his case was placed alongwith others before the departmental Promotion Committee. The Committee in its meeting held on 26.5.1997 while considered the cases of others including juniors, kept the case of petitioner pending, the order of confirmation having not of issued. On post was also kept vacant for him. The respondents subsequently confirmed the petitioner vide Notification dated 12.10.1998 w.e.f. 26.2.1992 but thereafter his case having not reconsidered for promotion, the present writ petitioner was preferred for promotion w.e.f. 18.9.1997 i.e. the date from which the juniors were so promoted.

(3.) FROM the supplementary affidavit, it will be evident that the order of suspension was challenged by petitioner in CWJC No. 2499/99 (R) when this Court vide its order dated 17.12.1999 set aside the order of suspension. The respondents thereafter in - itiated proceeding vide Notification dated 15.3.2000 though one year passed but no final division has been taken in the departmental proceeding. In the said charge -sheet, allegation made with respect to an incident of November 1, 1990 wherein It was alleged that three books of Form 28 B were missing since 27.11.1990 but the petitioner lodged FIR after three days on 30.11.1990.