Patna High CourtCWJC/19657/2014allowed

Bhim Prasad v. The State Of Bihar And ORS

2016-03-31Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19657 of 2014 ===========================================================

1. Bhim Prasad Son of Late Raghubanshi Singh Resident of Village- Godiha,P.ODhawal Bigha,P.S-Hussainganj,District-Jahanabad .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary Govt. of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar Patna

3. The Principal Secretary, Cabinet Secretariat, Government of Bihar Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Narayan For the Respondent/s : Mr. SC9- RAJ NANDAN PRASAD =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 31-03-2016 Petitioner is seeking promotion on the rank of Deputy Secretary. Since such benefit has not accrued to him despite many juniors have already been given the benefit of promotion, he decided to file the present writ application.

Counter affidavit has been filed and the primary reason why case of the petitioner could not be taken up by the DPC indicated in the counter affidavit is that the necessary C.R. entries were not made available at the time of consideration. His case, therefore, was kept in abeyance and thereafter, in view of Order No. 11218 dated 12/8/2014, issued by the General Administration Department, DPC has not held the meeting.

Since this Court has already quashed the order of the

Patna High Court CWJC No.19657 of 2014 dt.31-03-2016 General Administration Department dated 12/08/2014, the impediment in this regard has been removed. Respondents are directed to ensure that the relevant C.Rs. are placed before the Departmental Promotion Committee and the decision taken on the claim of the petitioner preferably within a period of three months from the date of production of a copy of this order. Writ application is allowed in terms of the above direction. (Ajay Kumar Tripathi, J) R.K.Pathak/- U