This court dismissed a writ petition regarding delayed promotion. Relying on Supreme Court precedent, the court held that promote without impleading the junior candidate is generally barred, but granted no relief as the promotion date was distant and pending criminal case justified the delay.
The writ petition was dismissed as misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16506 of 2013
======================================================
Basuki Nath Rajhans Son Of Laxmi Narayan Rajhans Resident Of MohallaNew Babupara, Dumka, P.S. District- Dumka
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra, Adv. For the Respondent/s : Mr.Vishwa Mohan Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 10-01-2023 Heard the parties.
Admittedly, the person junior to the petitioner has not been impleaded as party in the writ petition whereas the petitioner claims over and above on the post of Superintendent.
In view of the judgment passed by the Supreme Court in the case of State of Rajasthan Vrs. Ucchab Lal Chhanwal reported in (2014) 1 SCC 144 the writ petition would not lie for making promotion without impleading the concerned person as party to the petition. However, this Court finds that the promotion awarded is with effect from 01.04.1984 and lot of time has passed, no purpose will be served in granting liberty to the petitioner to now implead the concerned person as party to
Patna High Court CWJC No.16506 of 2013(2) dt.10-01-2023 2/2
the petition.
A counter affidavit has also been filed on behalf of the State which reflects that there was a criminal prosecution initiated against the petitioner since 1978 which continued up to 03.09.2003. In view thereof, it can not be said that the respondents committed any error in not promoting the petitioner during the period when the criminal case was pending against the petitioner.
The writ petition is misconceived and is, accordingly, dismissed.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 37
U
3 issues framed by the court
Whether the writ petition challenging non-promotion is maintainable without impleading the junior claimant
Whether pending criminal prosecution against the petitioner justified non-promotion during that period.
Whether granting liberty to implead a party after long delay serves any purpose.
Colour shows how this judgement treated each authority
State of Rajasthan Vrs. Ucchab Lal ChhanwalRelied on¶15
(2014) 1 SCC 144 · Who else cites this
Basuki Nath Rajhans
State of Bihar
The Secretary, Department Of Mines, Government Of Bihar, Patna
The Director, Department Of Mines, Government Of Bihar, Patna
The Deputy Director, Mines, Saran Anchal, Chapra
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
