Writ petition filed for quashing a notification effecting promotion of respondent no.7. Court dismissed the petition as respondent was subject to departmental action before his promotion, negating the case for interference.
Writ petition stands dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 4331 of 2010
Umanand Roy, Son of late Sadanand Roy, at present resident of City Palace, Block No.-A, Flat No. 131, Adityapur, P.O. & P.S. Adityapur, District- Saraikella Kharsawan, Jharkhand … Petitioner
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Prakash Chandra, Advocate For the Respondent-JSEB : Mr. Amitabh, Advocate Mr. Dheeraj Kumar, Advocate For Respondent No.7 : Mr. Manoj Tandon, Advocate -----
The petitioner has preferred this writ petition for quashing notification dated 15.07.2010 by which promotion was given to respondent no.7 from the post of Superintending Engineer, Electrical (General Cadre) to the post of Chief Engineer (General Cadre) with immediate effect.
Subsequent to issuance of notice by this Court, respondent no.7 appeared and filed counter affidavit in the writ petition.
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He further submits that respondent no.7 is junior to the petitioner and that is why the petitioner is also entitled for promotion.
In the writ petition, there is no prayer to that effect.
Mr. Manoj Tandon, learned counsel appearing for respondent no.7 submits that as per paragraph 15 of the counter affidavit filed by respondent no.7, it is stated that on perusal of Annexure-8 at page 65 of the writ petition, it appears that there are serious charges and proved misconduct against the petitioner. Not only this the petitioner was proceeded departmentally and he was granted punishment of censor and stoppage of two increments with cumulative effect by Resolution No. 2285 dated 24.05.2006. Subsequently, the petitioner was also promoted on the post of Chief Engineer by notification dated 19.11.2010.
As a cumulative effect of the above facts, no case of interference is made out. Accordingly, this writ petition stands dismissed.
(Sanjay Kumar Dwivedi, J.)
Ajay/
Umanand Roy
The Jharkhand State Electricity Board
Ram Yatan Prasad Singh
Sanjay Kumar Dwivedi
As recorded by the court registry
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