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2011 DIGILAW 616 (PAT)

Ram Babu Rajak v. State of Bihar

2011-04-13

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ORDER 1. The petitioner is claiming that he should be promoted to the post of Joint Registrar, Audit in the Co-operative Department. 2. The petitioner had earlier moved this Court by filing CWJC No. 1256 of 2005 which was disposed of on 12.10.2006 with a direction to the State-Respondents to consider the case of the petitioner for promotion to the post of Joint Registrar, Audit, Co-operative Department with effect from the due date ie. 27th June, 1997 and this Court had also observed, that if the petitioner is found entitled to the said benefit, then all consequential benefit of the promotion should be granted within a period of three months thereafter. 3. The consideration as per the order dated 12.10.1996 did not take place and as such the petitioner filed MJC No. 1476 of 2007. During the contempt proceedings, the State came out with an affidavit stating therein that the petitioner has been promoted to the post of Joint Registrar, Audit with effect from 01.01.2003. Leave was granted to the petitioner to challenge the said notification which is contained in Annexure- 5 to this writ application. 4. On perusal of Annexure-5, it would appear that no reasons have been stated for rejecting the claim of the petitioner to be promoted to the higher post from 27.06.1997. However, the counter affidavit reveals that there was some adverse report against the petitioner and as such he was not considered for promotion while juniors to him although immediately below the petitioner were granted the said promotion. 5. In reply to the averments made in the counter affidavit filed on behalf of the State, the petitioner submits that the departmental proceedings did not end in a punishment as the petitioner was just given a 'warning'. 6. Counsel for the petitioner refers to the Bihar Government Servants (Classifications, Control and Appeal) Rules, 2005. Rules, which indicates the minor and major punishment. The minor punishments under Rule 14 are (i) censure; (ii) withholding of promotion; (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; (iv) reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect; and (v) withholding of increment of pay. 7. 7. The punishment aforesaid indicates that "warning" does not come within the purview of minor punishments and as such the stand of the State Government that the petitioner would not be entitled to be considered for promotion to the higher post since 1997 is quite unjustified. 8. I accordingly direct that the Annexure-5 may be corrected by the authorities concerned and the petitioner may be considered to be promoted on the post of Joint Registrar, Audit with effect from the date on which the persons juniors to the petitioner were promoted. 9. This writ application is allowed to the extent indicated above.