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2010 Supreme(Jhk) 375

SUSHIL HARKAULI
Suryadeo Prasad – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sumeet Gadodia:
For the Respondents: Mr. Krishna Kumar Mishra.

Order

The petitioner was approved for promotion to the post of Chief Engineer by the Departmental Promotion Committee (hereinafter referred as the DPC for short) of which proceedings were drawn up on 22.4.2006

2. The DPC found that the petitioner was not entitled to the said promotion up to 31.3.2005, but found that he was entitled to that promotion w.e.f. 1.4.2005.

3. On 15.5.2006 that is after this recommendation by the DPC, certain departmental proceedings were initiated against the petitioner and on that basis the petitioner was not promoted.

4. The petitioner filed a writ petition no. 530 of 2007* which was allowed by judgment dated 27.8.2008 by, a learned Single Judge of this Court. It was directed that the promotion of the petitioner to the post of Chief Engil1eer should be considered. At the time when the said writ petition was heard, the departmental proceedings initiated on 15.5.2006 had already come to an end. Accordingly at that stage there was apparently no impediment- in the grant of promotion. Yet the promotion was not granted and the petitioner was compelled to file a Civil Contempt Case No. 599 of 2008. In that Contempt Case a counter-affidavit was filed saying that p


















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