Rameshwar Roy v. The State Of Bihar And ORS

Patna High Court CWJC No.14712 of 2008 dt.23-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14712 of 2008 =========================================================== Rameshwar Roy, son of late Ram Dharikshan Roy, resident of Kautilya Nagar, Near A G Colony, P.S. Shastri Nagar, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

3. The Under Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

4. The Engineer-in-Chief, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SANJEET KUMAR Mr. Dhananjay Kumar Mr. Raj Kamal For the Respondent/s: Mr. Anil Kumar Sinha, GA 9 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 23-09-2015 Petitioner was debarred from the benefit of grant of promotion for 10 years as a measure of punishment by virtue of Anneuxre-1 dated 27.8.1993. If this punishment subsisted then petitioner also cannot beget the benefit of ACP. Petitioner has to be reminded of the provision of Rule 4, sub-rule 5 of the ACP Rule, 2003, which categorically lays down that he has to fulfil the requirements which are even applicable for substantive promotion.

In view of the above facts, relief sought for by the petitioner in the present writ application is misplaced.

Writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U