Supreme Court of India
Braj Kishore Prasad Srivastava vs Bihar State Electricity Board And Ors. on 18 July, 2000
Equivalent citations: [2000(87)FLR292], JT2000(10)SC320, (2001)ILLJ136SC, (2002)10SCC706, 2001 AIR SCW 2379, 2001 AIR - JHAR. H. C. R. 180, 2001 LAB. I. C. 2144, (2001) 1 LABLJ 136, (2001) 3 BLJ 99
Author: U.C. Banerjee
Bench: U.C. Banerjee
ORDER
1. This appeal is by an employee of the Bihar State Electricity Board and he was serving as Deputy Director of Accounts. While continuing as such, as his case for promotion was not considered by the appropriate authority on account of the pendency of disciplinary proceedings against him, he moved the High Court of Patna and having been unsuccessful therein, he moved this Court and this Court granted leave. During the pendency of this appeal, where the question for consideration is whether the appellant was denied of a constitutional right of consideration for promotion, and thereby there has been a violation of Articles 16 and 14, the disciplinary proceedings has been concluded. Even thereafter the appellant superannuated from the service. The appellant assails the legality of the said order of punishment inflicted in the disciplinary proceedings by filing a writ petition in the High Court of Patna, and that writ petition was dismissed illumine against which a Letter patent Appeal has been preferred in the High Court of Patna. In view of the Order of punishment inflicted upon the appellant in the disciplinary proceedings, while the appeal was pending this Court, and the legality of that order of punishment being under challenge in Letter Patent Appeal pending before the High Court of Patna, this appeal has become infructuous. The question of any direction qua non-consideration of appellant's right to be considered for promotion would depend upon the result of the Letter Patent Appral, which is pending before the High Court of Patna where under the appellant has assailed the legality of the enlistment of punishment in the departmental proceedings itself. In that view of the matter, we hold this appeal to be infructuous and direct the Letter Patent Appeal be dispose of by the High Court of Patna and de pending upon the result therein, the relief, if any, can be mounded.