Patna High CourtCWJC/2904/2013dismissed

Ram Lakshman Prasad v. The Bihar State Electrcity Board And ORS.

2016-01-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2904 of 2013 ======================================================

1. Ram Lakshman Prasad S/O Late Deo Raj Prasad R/O Vill-Kansara, P.S.- Makhdumpur, Distt-Gaya .... .... Petitioner/s

Versus

1. The Bihar State Electrcity Board Now Bihar State Power(Holding Company Limited Vidyut Bhawan Bailey Road, Patna Through Its Chairman

2. The Chief Managing Director, Bihar State Electricity Board, Now Bihar State Power (Holding Company Limited Vidyut Bhawan, Bailey Road, Patna

3. The Chairman The Bihar State Electricity Board Now Bihar State Power (Holding Company Limited Vidyut Bailey Road, Patna

4. The Secretary, Bihar State Electricity Board Now Bihar State Power (Holding Company Limited Vidyut Bhawan, Bailey Road, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Mishra For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and learned counsel for the Bihar State Electricity Board. In the present case the petitioner is challenging letter no. 31 dated 10.1.2013 by which the prayer of the petitioner for grant of promotion to the post of Assistant Engineer and Executive Engineer with effect from due date along with the benefit of ACP has been rejected on the ground of pendency of criminal case.

Learned counsel for the petitioner submits that as per his information in criminal case order has been passed

Patna High Court CWJC No.2904 of 2013 (3) dt.04-01-2016 against the petitioner and he has been convicted, though he has filed an appeal vide Cr. Appeal No.356 of 2014 but the same is pending. Pursuant to the conviction petitioner has been dismissed.

In such view of the matter, the prayer for consideration of promotion to the post of Assistant teacher and Executive Engineer does not arise. It will always subject to the result of the appeal.

Accordingly this writ petition does not survive and the same is dismissed.

(Shivaji Pandey, J) Vinay/- U