Arvind Kumar v. The State Of Bihar And ORS

Patna High Court LPA No.827 of 2015 (4) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.827 of 2015 In Civil Writ Jurisdiction Case No. 563 of 2014 ====================================================== Arvind Kumar .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ramanuj Tiwary For the Respondent/s : Mr. Sc16- Abbas Haidar ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 21-08-2017 Seeking exception to an order dated 05.02.2015 passed by the writ Court in C.W.J.C. No.563 of 2014, the present appeal under Clause 10 of the Letters Patent has been filed.

The case of the petitioner for promotion was not considered as he was facing vigilance enquiry. We are informed that even now the vigilance enquiry is pending against the petitioner, that being so unless and until the cloud of the vigilance enquiry is not cleared, the claim of the petitioner for grant of promotion cannot be considered and, therefore, the learned writ Court dismissed the writ petition and while doing so, in our considered view, learned writ Court has not committed any error warranting under reconsideration.

Thus, this Letters Patent Appeal is dismissed. Sanjeev/- (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) U