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1992 Supreme(Pat) 183

S.K.CHATTOPADHYAYA, B.P.SINGH
S. P. Tiwary, Ram Das Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

B.P.Singh, J.

1. Both these writ petitions were filed on September 17, 1990 for quashing of the disciplinary proceedings initiated against the petitioners pursuant to the resolution dated August 1, 1990 (Annexure-1). It is further prayed that the respondents be directed to consider the cases of the petitioners for promotion to the higher post of Senior Joint Commissioner/Additional Commissioner, Commercial Taxes, through the Departmental Promotion Committee which was to meet on September 19, 1990. Both the petitioners at the relevant time were Joint Commissioners, and it is their case that with a view to victimise them and to deprive them of the promotion legally due to then, the instant proceedings were drawn up mala fide, and after considerable delay.

2. In C.W.J.C.No. 6167 of 1990 S.P.Tiwary is the petitioner. Annexure-1, which has been impugned, is the resolution dated August 1, 1990, whereby departmental proceeding was initiated against the petitioner. It appears from the Schedule to Annexure-1 that the petitioner was charged of having not followed the prescribed procedure in the matter of appointments, and to have appointed four Counter Clerks against the rules and de






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