Binod Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12149 of 2007 =========================================================== Binod Kumar Singh, S/o Late Shrawan Kumar Singh, resident of village- Sandha Newaji Tola, P.S. - Mufasil Chapra, District - Chapra (Saran), presently at BMP 3 at Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Bailey Road, Patna

2. The DGP, Bihar, Police Head Quarters, Patna

3. The Secretary, Home (Police), Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Pd.Singh I Mr. Raj Kishore Prasad 2 Mr. Vitesh Kr.Singh For the Respondent/s : Mr. (AAG2) =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 21-01-2015 *************** Heard learned counsel for the parties.

In the 2007 writ application of the petitioner, no counter affidavit has been filed on behalf of the State. However, it does feel incongruous that the petitioner who was appointed in the year 1985 has not been granted benefit of any promotion in all these years of service, when prima facie it is his assertion that he has been rendering good service for which even letters of appreciation has been issued in his favour.

Since the State has failed to file any affidavit, indicating the reason for non-consideration or grant of promotion to the petitioner, if the petitioner files an application before the competent authority, his claim will

Patna High Court CWJC No.12149 of 2007 dt.21-01-2015 2/2 be considered and decided within a period of four months thereafter.

Writ application is disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J.) SKM/- U