UMESH PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by the office order dated 28.5.1994 issued by respondent No. 3, Deputy Development Commissioner -cum -Chief Executive Officer, Zila Parishad, Gumla whereby the promotion given to the petitioner in 1992 on the post of Assistant Engineer has been withdrawn till the confirmation/approval by the Government.

(2.) THE petitioner was appointed as Junior Engineer in non -gazetted rank in Zila Parishad, Ranchi in the year, 1967 when Gumla was within the jurisdiction of Zila Parishad, Ranchi. After creation of Gumla District Zila Parishad, the petitioner was transferred as Junior Engineer Zila Parishad, Gumla sometimes in 1981.

(3.) SUB -section (5) of Section 50 of the Bihar Panchayat Samiti and Zila Parishad Act, 1961 as amended in 1990 does not empower the Establishment Committee to take decision for promotion on the gazetted post. At best it is a recommending authority.