SURYADEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned Counsel appearing for the petitioner submits that earlier this matter was heard by a Bench of this Court and in course of passing order, it was noticed that another writ application filed by this Court, bearing W.P.(S) No. 1289 of 2007 is pending for hearing whereby order awarding punishment of censure has been challenged. Therefore, the order was passed that it is desirable that both the applications be heard and disposed of together as the matter is related to each other and hence, these matters have been placed but both the matter are quite distinct as in the instant writ application, prayer has been made to direct the authorities to pass an order relating to promotion of the petitioner to the post of Chief Engineer as Departmental Promotion Committee has already made recommendation for promotion of the petitioner to the post of Chief Engineer and hence, any order passed in the other writ application will have no bearing in the present case presently as the Departmental Promotion Committee has taken decision of promoting the petitioner to the post of Chief Engineer having due regard to the punishment imposed upon the petitioner of censure and that disposal of other writ application bearing W.P.(S) No. 1289 of 2007 may be delayed whereas present writ application needs to be disposed at the earliest as the petitioner is going to retire on superannuation on 30.9.2008. Under these circumstances, prayer was made to adjourn the case bearing W.P.(S) No. 1289 of 2007 for other date and present writ application be taken up for hearing.

(2.) IN the facts and circumstances, this writ application was taken up for hearing.

(3.) THE case of the petitioner is that while the petitioner was posted as Superintending Engineer in the State of Bihar before bifurcation of the State, his case as well as case of other Superintending Engineers of Road Construction Department was taken up for consideration for promotion to the post of Chief Engineer by the Departmental Promotion Committee, Road Construction Department, Government of Bihar, Patna headed by the Chairman, Bihar Public Service Commission in its meeting held on 18.4.2006 and 19.4.2006. The Committee found that the petitioner was entitled for promotion to the post of Chief Engineer . with effect from 1.4.2005 after giving due consideration that the petitioner had earlier been awarded with two punishments. Thereafter the said recommendation was forwarded to the Commissioner -cum -Secretary, Road Construction Department, Government of Bihar, Patna for taking decision in the matter of promotion but the respondent No. 2 kept the matter relating to the promotion of the petitioner in a sealed cover on the pretext that 3rd departmental proceeding had been initiated against the petitioner, vide resolution dated 15.5.2006, i.e., after the date when the Departmental Promotion Committee had made recommendation for promotion to the post of Chief Engineer. Subsequently, the petitioner was allocated to the cadre of State of Jharkhand and accordingly, he joined in the Road Construction Department on 1.12.2006 and was posted as In -charge, Chief Engineer, Central Design Organization, Road Construction Department, Jharkhand, vide notification No. 5979 (S) dated 29.12.2006. Thereafter the petitioner was transferred and posted In -charge, Engineer -in -Chief, B.C.D, Jharkhand , vide notification No. 632 (S) dated 14.2.2007.