Santlal Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5556 of 2017 ====================================================== Santlal Chaudhary, S/o Late Ramswaroop Chaudhary, Resident of VillageRashulpur, Police Station- Mahua, District- Vaishali (Hazipur). .... .... Petitioner/s

Versus

1. The State of Bihar represented through the Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Department of Labour and Employment, Bihar, Patna.

3. The Commissioner, Department of Labour and Employment, Bihar, Patna.

4. The Special Secretary-cum-Conducting Officer, Department of Labour and Employment, Bihar, Patna.

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

For the Petitioner/s : Mr. Krishna Chandra For the Respondent/s : Mr. Chitranjan Sinha, PAAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-04-2018 The learned counsel for the respondents submits that the case of the promotion of the petitioner has been kept in a sealed cover pending completion of the departmental proceedings and the criminal case.

The learned counsel for the petitioner has referred to the resolution dated 11.09.2002 published in the Bihar Gazette on 06.02.2004 wherein it has been stated that in case of delay in completion of the departmental proceedings /criminal proceedings, the concerned authority can take a decision as to whether ad hoc promotion is to be granted to the incumbent or not, as

Patna High Court CWJC No.5556 of 2017 (2) dt.23-04-2018 2/2 mentioned in paragraph no. 5 of the said resolution. In view of the aforesaid, the appropriate authority is directed to take a decision in terms of paragraph no. 5 of the aforesaid resolution dated 11.09.2002 within a period of eight weeks from today.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U