Jharkhand High Court
Chandra Bhushan Sinha vs State Of Bihar And Ors. on 29 March, 2001
Author: S.J. Mukhopadhaya
Bench: S.J. Mukhopadhaya
ORDER S.J. Mukhopadhaya, J.
1. This case relates to promotion to the post of Assistant Commissioner, Commercial Taxes.
2. The petitioner, a member of Bihar Finance Service and posted as Commercial Taxes officer, his case was placed alongwith others before the departmental Promotion Committee. The Committee in its meeting held on 26.5.1997 while considered the cases of others including juniors, kept the case of petitioner pending, the order of confirmation having not of issued. On post was also kept vacant for him. The respondents subsequently confirmed the petitioner vide Notification dated 12.10.1998 w.e.f. 26.2.1992 but thereafter his case having not reconsidered for promotion, the present writ petitioner was preferred for promotion w.e.f. 18.9.1997 i.e. the date from which the juniors were so promoted.
3. Counsel for the State submitted that the petitioner in the meantime was suspended in contemplation of a departmental proceeding vide Notification dated 4.8.1999, which may be the reason for non-consideration of case of petitioner.
4. From the supplementary affidavit, it will be evident that the order of suspension was challenged by petitioner in CWJC No. 2499/99 (R) when this Court vide its order dated 17.12.1999 set aside the order of suspension. The respondents thereafter in-
itiated proceeding vide Notification dated 15.3.2000 though one year passed but no final division has been taken in the departmental proceeding. In the said charge-sheet, allegation made with respect to an incident of November 1, 1990 wherein It was alleged that three books of Form 28 B were missing since 27.11.1990 but the petitioner lodged FIR after three days on 30.11.1990.
5. There being no allegation that the forms of the said book were ever misplaced by any one or other person, the Court set aside the order of suspension.
" 6. In the facts and circumstances, In the present case, as the respondents have not withheld, the promotion of petitioner but kept pending because of non-issuance of the confirmation order and the order of confirmation having issued, the respondents should consider the case of petitioner for promotion to the post of Assistant Commissioner, Commercial Taxes from the date his juniors have been so promoted. In the meantime, if necessary, the respondents may conclude the departmental proceeding and pass a final order before issuance of further order in respect to promotion.
7. Accordingly, the case is remitted to the respondents to consider the case of petitioner for such promotion and to communicate the decision to the petitioner within a period of six months from the date of receipt/production of a copy of this order.
8. It is needles to say that if the decision is given in favour of petitioner and he is given promotion, the petitioner will be entitled for consequential benefits, including the arrears of salary.
9. The writ petition stands disposed of, with the aforesaid observations/directions.
10. Petition disposed of.