BIPIN BIHARI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the Petitioner has prayed for quashing the Notification No. 1925/M dated 26.10.09 issued by the Mines and Geology Department, Government of Bihar, whereby the Respondent No. 6 has been given promotion to the post of Deputy Director, Mines w.e.f. 27.3.1997 retrospectively.

(2.) The short point raised in this case is that since the Respondent No. 6 is working as Additional Director, Mines under the Government of Jharkhand, the State of Bihar has no territorial or administrative jurisdiction to pass any order regarding his promotion. The impugned order passed by the State of Bihar is, thus, wholly without jurisdiction.

(3.) Mr. Kalyan Roy, learned Counsel appearing on behalf of the Petitioner, submitted that after reorganization of the State of Bihar and creation of the State of Jharkhand, the two States have become absolutely independent States and as such the State of Bihar / Government of Bihar has no administrative control over any of the Government employees of the State of Jharkhand. Learned Counsel referred to and relied on the decisions of this Court rendered in Arvind Vijay Bilung and Anr. v. State of Bihar and Ors, 2001 3 JCR 155, Lakshman Prasad v. Bihar State Housing Board and Ors., 2009 2 JCR 278 and Shiv Nath Prasad v. Saran Pal Jeet Singh Tulsi and Ors., 2008 3 SCC 80.