A senior-most Assistant Section Officer was denied consideration for officiating promotion as Section Officer because of a State embargo during his punishment period. The court held the punishment period had expired and quashed the rejection orders, directing fresh consideration of his representation within 60 days.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10471 of 2024
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Sanjeev Kumar Son of Bandelal Mandal Resident of Ward No.-07, Barbanna, Bangali tola, Anchal-Raniganj, P.S.-Raniganj, District-Araria, Bihar Pin Code-854334.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Adv., Mr. rajkamal Biswas, Adv., Mr. Pawan, Adv. For the State : Mr. Sheo Shankar Prasad, SC-8, Ms. Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 15-07-2024
The petitioner was posted as Assistant Section Officer in the Bihar Secretariat Service under the General Administration Department. As per seniority list published by the General Administration Department, the petitioner is the senior most employee in the cadre of Assistant Section Officer. Sometimes in
Patna High Court CWJC No.10471 of 2024 dt.15-07-2024 2/4
October, 2023, the General Administration Department decided to grant promotion on officiating basis to the post of Section Officer in the Bihar Secretariat Service.
Patna High Court CWJC No.10471 of 2024 dt.15-07-2024 3/4
was withdrawn and in the year 2023, the person who belongs immediately next to the petitioner was promoted on officiating basis as Section Officer. Since, the State Government put an embargo in promotion, according to the respondents authority the petitioner is required to wait for three years from the date of promotion of the junior colleague of the petitioner.
Patna High Court CWJC No.10471 of 2024 dt.15-07-2024 4/4
(Bibek Chaudhuri, J)
pravinkumar/-
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1 issue framed by the court
Whether a senior-most Assistant Section Officer whose punishment period ended on 30.06.2022 could be denied consideration for officiating promotion to Section Officer due to a State-imposed embargo.
Sanjeev Kumar
The State of Bihar through the Additional Chief Secretary, General Administration Department, Bihar, Patna
The Additional Chief Secretary, General Administration Department, Bihar, Patna
The Secretary, General Administration Department, Bihar, Patna
The Additional Secretary, General Administration Department, Bihar, Patna
The Under Secretary, General Administration Department, Bihar, Patna
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
