Bipin Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17508 of 2022 ====================================================== Bipin Kumar Singh son of Late Lakhandeo Singh, Resident of Miru Bhawan, Bagha Road, Suhird Nagar, P.S.-Lohiyanagar, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Additional Chief Secretary, Road Construction Department, Bihar, Patna.

3.

The Joint Secretary, Road Construction Department, Bihar, Patna. 4.

The Deputy Secretary (Management Cell), Road Construction Department, Bihar, Patna.

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

For the Petitioner/s :

Mr.Prabhu Nath Pathak, Adv.

For the Respondent/s :

Mr. Swapnil Kumar Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-04-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). That by this application, the Petitioner is invoking the writ jurisdiction of this Hon'ble Court in the nature of Writ of Mandamus for directing the Respondents to consider for promotion to the petitioner for the post of Executive Engineer (Civil) w.e.f. the date of promotion to the juniors of the petitioner i.e. 27.06.2016 as the said promotion was not considered on the account of pendency of departmental proceeding initiated under departmental resolution No. 1532 dated 29.11.2017 in which, the punishment of Three Annual Increment was inflicted vide Notification

Patna High Court CWJC No.17508 of 2022(2) dt.16-04-2024 2/2 No. 8528 (S) dated 08.11.2018 issued by the Deputy Secretary (Vigilance), Road Construction Department, Bihar, Patna however, the adverse effect of the said punishment has already been expired much before January 2022."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 2, i.e. the Additional Chief Secretary, Road Construction Department, Bihar, Patna, for consideration of his case for grant of promotion to the post of Executive Engineer (Civil) with effect from the day his immediate juniors have been granted promotion i.e. 27.6.2016. Liberty, so sought, is granted. 3.

It is needless to state that in case the petitioner approaches the Respondent No. 2, by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off, by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U