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2008 Supreme(Pat) 67

NAVIN SINHA
Hari Sharan Thakur – Appellant
Versus
State Of Bihar – Respondent


Judgment

Navin Sinha, J.

1. Heard learned counsel for the petitioner in all the three applications as also the counsel for the State.

2. In all the three applications, the petitioner is the same person. He has been visited with separate punishments in separate proceedings under Rule 55 A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to he referred to as the Rules) and, thus, the necessity for him to file three separate writ applications. The cumulative effect of the three orders of punishment has been the denial of promotion to him on the post of Superintending Engineer from the date as recommended by the Bihar Public Service Commission.

3. The petitioner on 12.9.1974 was confirmed as Executive Engineer (Mechanical) in Water Resources Department. On 5.6.1980 he was given current charge of the post of Superintending Engineer. Simultaneously, he filed a representation for consideration of his case for promotion in the reserved category of Scheduled tribe claiming to be "Lohar Tribe". His representation was rejected in December, 1990. His saga of harassment starts thereafter when he has had to come to this Court repeatedly in writ applications and















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