Patna High Court - Orders
Arun Kumar vs The State Of Bihar Through The ... on 15 November, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1704 of 2017
======================================================
Arun Kumar
.... .... Petitioner/s
Versus
The State of Bihar Through The Secretary, Road Construction
Department, Govt. of Bihar, Patna namely Mr. Amrit Lal Meena, I. A. S
& Ors.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv.
For the Respondent/s : Mr. Raj Ballabh Pd. Yadav, AAG-11
======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 15-11-2017By the order passed on the writ petition the Secretary, Road Construction Department was directed to take expeditious steps for placing the matter of the petitioner before the committee concerned for grant of ACP as well as to place his case for his promotion to the post of Executive Engineer before the Departmental Promotion Committee within eight weeks from the date of the order which was passed on 30.3.2017.
A show cause is filed on behalf of opposite party nos.1 to 4 and in which by enclosing an order dated 17.1.2017 at Annexure 'C' it is stated that the service of the petitioner has confirmed with effect from 17.5.1993 and that steps have been taken for placing his case for promotion from the post of Assistant Engineer to the post of Executive Engineer. It is also stated that the case of the petitioner for grant of ACP/MACP would be placed in the next meeting. Such is the stand taken in paragraph 8 and 9 of the show cause but which neither discloses the date for placing the matter for grant of Patna High Court MJC No.1704 of 2017 (2) dt.15-11-2017 2 ACP/MACP benefit or for grant of regular promotion to the post of Executive Engineer which, according to this Court, was to be done within 8 weeks from the date of the order.
The respondent Secretary has thus defaulted on the time frame and although steps have been taken in this regard as mentioned in paragraphs 8 and 9 of the show cause filed today but whether they are effective steps or merely to avoid the contempt proceeding, is a matter to be clarified by the Secretary, Road Construction Department by filing a supplementary show cause giving the dates in particular on which the matter of the petitioner is going to be placed before the appropriate Committee for grant of the two benefits.
Let the supplementary show cause reach this Court by 29 th of November, 2017 failing which this court would be constrained to seek the presence of the Secretary, Road Construction Department. While filing the supplementary show cause, the Secretary, Road Construction Department should bear in mind that the period stipulated in the order has lapsed long back.
Put up this matter on 29 th of November, 2017.
(Jyoti Saran, J) SKPathak/-
U