GOPAL CHANDRA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner against the departmental proceeding, initiated vide Resolution No. 8047(S) dated 13the November, 2000 on the ground of long pendency resulting in withheldment of his promotion. It was submitted that due to pendency of the proceeding since 2000, the petitioner has not been granted regular promotion as Engineer -in -Chief or Chief Engineer though he has been made Incharge Engineer -in -Chief.

(2.) ACCORDING to counsel for the State of Jharkhand, the proceeding was initiated by the then State of Bihar just before reorganisation of the State and there is no delay on its part. On the other hand, according to counsel for the successor State of Bihar, no final decision could be taken by State of Bihar in the departmental proceeding, the services of the petitioner having been placed under State of Jharkhand vide Notification No. 6726(S) dated 18th October, 2004.

(3.) FROM the facts aforesaid it will be evident that the State of Bihar has now no jurisdiction to pass final order in the departmental proceeding. There was no laches on its part it is the State of Jharkhand, which can pass final order. In the circumstances, this Court is not inclined to interfere with the departmental proceeding, in question, but in the interest of justice, the case is remitted with a direction to respondent State of Jharkhand to conclude the departmental proceeding within three months from the date of receipt/production of a copy of this order, if required on day -to -day basis. If the petitioner fails to cooperate, the respondents may proceed ex parte in accordance with law. However, in spite of cooperation of petitioner, if the departmental proceeding is not concluded within six months, the respondents will consider the case of petitioner for ad hoc promotion as per the guideline contained in Resolution No. 9146 dated 26th July, 1991 so that a final decision is taken before the petitioners retirement.