Patna High CourtCWJC/5787/2014disposed

Devendra Prasad Dinker v. The State Of Bihar And ORS

2015-09-28Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5787 of 2014 ===========================================================

1. Devendra Prasad Dinker Son Of Late Narsinh Sah, resident of Village - Dhanauti, Post - Khanpur Pakri, Police Station - Bidupur, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary to the Government, Department of Finance, Government of Bihar, Patna

2. The Commissioner of Commercial Taxes - cum - Principal Secretary, Department of Commercial Taxes, Government of Bihar, Patna

3. The Joint Secretary to the Government, Department of General Administration, Government of Bihar, Patna

4. The Deputy Commissioner to the Government, Department of Finance, Government of Bihar, Patna

5. The Deputy Secretary to the Government, Department of Commercial Taxes, Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. RAJEEVA ROY For the Respondent/s: Mr. Ranjeet Kumar, AC to PAAG =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-09-2015 So long the adverse entry made against the petitioner subsists and will remain operative for the period, which is relevant for consideration for grant of promotion, there cannot be any occasion for giving direction to consider the case of the petitioner at this juncture. Either he should await the expiry of the period of adverse entry or he should assail the order of rejection relating to adverse entry, which is contained in Annexure-B to the counter affidavit, filed on behalf of the respondents.

Submission of the counsel for the petitioner that he will

Patna High Court CWJC No.5787 of 2014 dt.28-09-2015 2 / 2 assail the said order dated 22.5.2014 in the present writ application may not be available to him because it is a fresh cause of action. Writ application stands disposed of with liberty as above. (Ajay Kumar Tripathi, J) R.K.Pathak/- U