Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6544 of 2018 ====================================================== Raj Kumar @ Raj Kumar Yadav, Son of Late Ganeshi Prasad Yadav, Resident of At- Medhia, P.O.- Daparkha, P.S.- Triveniganj, DistrictSupaul. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Department of Education, Government of Bihar, Patna.
2. The District Education Officer, Supaul.
3. The District Programme Officer (Establishment), Supaul. .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ajay Kumar Jha For the Respondent/s : Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2018 The present writ petition has been filed for directing the respondents to grant promotion to the petitioner on the post of Head Master with all consequential benefits.
The learned counsel for the petitioner submits that the petitioner is not being granted promotion on the pretext of pendency of a departmental proceeding whereas the fact is that no departmental proceeding is pending.
Per contra, the learned counsel for the respondents has submitted that in case no departmental proceeding or criminal case is pending, the petitioner would be granted promotion. Having regard to the facts and circumstances of the case, the District Education Officer, Supaul is directed to examine
Patna High Court CWJC No.6544 of 2018 (2) dt.05-09-2018 2/2 the case of the petitioner on merits and in accordance with law with regard to grant of promotion and pass necessary orders within a period of six weeks from today.
It is needless to state that the various orders, which may be brought to the notice of the District Education Officer, Supaul, by the petitioner along with his representation, to be filed within a period of one week from today, would be dealt with by the District Education Officer, Supaul while passing the final order. The writ petition is disposed off on the aforesaid terms. (Mohit Kumar Shah, J) S.Sb/- U