Ved Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17372 of 2010 =========================================================== Ved Prakash S/O Rajendra Singh At Present Officer On Special Duty Food And Consumer Protection Dept. Govt. Of Bihar, Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary, Personnel And Administrative Reforms Department Govt. Of Bihar, Patna

2. The Commissioner-Cum-Principal Secretary, General Administration Department Govt. Of Bihar, Patna

3. The Deputy Secretary, General Administration Department Govt. Of Bihar, Patna

4. The Joint Secretary, General Adminstration Department Government Of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Gyanendra Kumar Diwakar, Adv.

Mr. Nirala Kumar Singh, Adv.

For the Respondent/s : Mr. Ravi Kumar, AC to G.P. 13 =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 20-06-2018 The petitioner has prayed for grant of promotion in Junior Selection Grade with effect from 7.5.1990 in the rank of S.D.O. and the Senior Selection Grade with effect from 1.12.2004 in the rank of Additional District Magistrate as well as consequential benefits from the date his juniors have been granted the same. The learned Senior counsel appearing for the petitioner submits that only impediment for non-grant of promotion is the pendency of Vigilance Case No. 32 of 1986.

In view of the limited issue involved in the present case, the present case is disposed of with a direction to the concerned

Patna High Court CWJC No.17372 of 2010 dt.20-06-2018 2/2 authorities to convene the meeting of the Departmental Promotion Committee and consider the case of the petitioner for promotion by following the sealed cover procedure, as envisaged in the judgment of the Hon'ble Apex Court reported in (1991)4 SCC 109 (Union of India vs. K.V. Jankiraman & Ors.) whereby and whereunder the respondents herein are required to hold meeting of the Departmental Promotion committee and keep the finding of the said Departmental Promotion Committee in a sealed cover as well as keep one post reserved.

It is made clear that in case the vigilance case is decided in favour of the petitioner and the petitioner is found fit for promotion, the petitioner shall be entitled to get all consequential benefits from the date his juniors have been granted promotion. The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) BTiwary/- AFR/NAFR CAV DATE Uploading Date Transmission Date