Patna High CourtCWJC/249/2011disposed

Madan Kumar Chaudhary v. The State Of Bihar And ANR

2015-10-27Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.249 of 2011 ====================================================== Madan Kumar Chaudhary , son of Sri Parmeshwar Chaudhary at Present Working As Commercial Tax Officer, Sitamarhi, Sitamarhi Circle, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through Chief Secretary, Govt. Of Bihar, Patna.

2. The Principal Secretary Cum Commissioner, Department Of Commercial Taxes, Govt. Of Bihar Patna New Secretariat Bailey Road, Patna. .

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

For the Petitioner/s : Mr. Sujit Kumar Singh For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-10-2015 Heard Sri Sujit Kumar Singh, learned counsel for the petitioner and learned AC to Principal Additional Advocate General.

The petitioner in the present writ petition has claimed that he was appointed as Commercial Tax Officer in the year 1997 , however, persons who were junior to the petitioner and appointed subsequently were promoted ignoring the case of the petitioner, and as such, a prayer has been made to direct the respondents to consider the case of the petitioner. On perusal of the record it is evident that petitioner without demanding justice before the authority concerned has directly approached this court. Accordingly, the court is of the

Patna High Court CWJC No.249 of 2011 (4) dt.27-10-2015 2/2 opinion that in absence of demanding justice before the authority concerned it would be difficult for this court to adjudicate on the issue.

The writ petition stands disposed of granting liberty to the petitioner to file a detailed representation regarding his claim for promotion before the respondent no. 2. If such representation is filed within a period of eight weeks from today, the court expects that the respondents may examine the same and pass speaking order in accordance with law preferably within a period of three months from the date of filing of such representation. The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U