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2012 (2) PLJR 770
IN THE HIGH COURT OF JUDICATURE AT PATNA
NAVIN SINHA
Ram Niwas Upadhya
Versus
The State Of Bihar Through The Secretary, Road Construction Department, Visheshwaraia Bhawan, Patna
Civil Writ Jurisdiction Case No.4082 of 2012
Decided On : 04-05-2012
Promotion - Government Servant - Consideration for Promotion under Bihar Government Servants (Classification, Control and Appeal) Rules 2005
Fact of the Case:
The petitioner seeks consideration for promotion to the post of Assistant Engineer (Civil) when his juniors have been considered and promoted. The respondents mention an administrative enquiry but no charges had been framed or departmental proceedings initiated against the petitioner as of the date he became eligible for promotion.
Finding of the Court:
The court directs the respondents to place the petitioner's case for consideration before the Departmental Promotion Committee within a maximum period of two months from the date of receipt of this order, if not earlier.
Issues: Consideration for promotion when no charges have been framed or departmental proceedings initiated against the petitioner as of the date he became eligible for promotion.
Ratio Decidendi: Consideration for promotion cannot be denied to a government servant if on the date that he becomes eligible no charges have been framed against him under the Bihar Government Servants (Classification, Control and Appeal) Rules 2005, much less any departmental proceeding initiated.
Final Decision: The writ application is disposed in terms of the counter affidavit, directing the respondents to place the petitioner's case for consideration before the Departmental Promotion Committee within a maximum period of two months from the date of receipt and/or presentation of a copy of this order, if not earlier.
Heard learned Counsel for the petitioner and the State.
2. The petitioner claims to be considered for promotion to the post of Assistant Engineer (Civil) with effect from 12.1.2010 when his Juniors have been considered and promoted.
3. A counter affidavit has been filed on behalf of the respondents. The pleadings in para 7 speak of an administrative enquiry which cannot bar or deny him consideration for promotion. The counter affidavit next states that charges are proposed to be framed. It therefore becomes apparent that as of 12.1.2010 no charges had been framed much less departmental proceedings were pending against the petitioner.
4. Consideration for promotion cannot be denied to a government servant if on the date that he becomes eligible no charges have been framed against him under the Bihar Government Servants (Classification, Control and Appeal) Rules 2005, much less any departmental proceeding initiated.
5. The writ application is therefore disposed in terms of para 11 of the counter affidavit directing the respondents to place the petitioner’s case for consideration before the Departmental Promotion Committee preferably within a maximum period of two months from the date of receipt and/or presentation of a copy of this order, if not earlier.
6. The writ application stands disposed.
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