PRADIP PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has, inter alia, prayed for issuance of a writ of mandamus commanding the Respondent-State of Jharkhand to grant promotion to the petitioner to the post of Deputy Secretary with effect from 24/6/2013 and further to the post of Joint Secretary with effect from 27/7/2018. The petitioner has also prayed for the grant of all consequential benefits. In addition to the above, the petitioner prays that the notification dtd. 3/10/2019 (Annexure-7) and the notification dtd. 17/11/2020 (Annexure-8), by which he has been granted notional promotion to the post of Additional Collector/Deputy Secretary and to the post of Joint Secretary, respectively, be quashed as they suffer from gross illegality and arbitrariness.

(3.) Learned counsel appearing for the petitioner had submitted that the petitioner, after qualifying for the 37th Bihar Public Service Examination, joined service in the year 1993. After the bifurcation of the State of Bihar, the petitioner was allotted the Jharkhand cadre, and he joined his services in the State of Jharkhand in 2003. The otherwise unblemished career of the petitioner was adversely affected when an order of minor punishment was passed against him vide order dtd. 20/2/2013. The petitioner assailed the same before this Court by filing a writ petition, which was registered as W.P.(S) No. 4548 of 2013. This Court, vide its order dtd. 8/3/2016, set aside the punishment order dtd. 20/2/2013 and quashed the disciplinary proceeding. The respondent-authority accepted the order of this Court and, vide order dtd. 19/8/2016, recalled its order of punishment.