Patna High Court
The State Of Bihar vs Jaipal Das on 17 February, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.91 of 2021
In
Civil Writ Jurisdiction Case No.8539 of 2015
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1. The State of Bihar through Chief Secretary, Govt. of Bihar, Main Secretariat,
Patna.
2. The Principal Secretary, Cabinet Secretary, Department, Govt. of Bihar,
Main Secretariat, Patna.
3. The Principal Secretary, General Administration Department, Govt. of Bihar,
Main Secretariat, Patna.
4. The Principal Secretary, Water Resources Department, Govt. of Bihar,
Sinchai Bhawan, Patna.
5. The Principal Secretary, Minor Water Resources Department, Govt. of Bihar,
Vikas Bhawan, New Secretariat, Patna.
6. The Joint Secretary, Management Cell Water Resources Department, Govt.
of Bihar, Sinchai Bhawan, Patna.
7. Mr. Bindeshwar Ram, S/o Name not known to the petitioner. At present
holding the current charge of Chief Engineer, Minor Water Resources
Department, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna.
8. Mr. Narendra Kumar, S/o Name not known to the petitioner. At present
holding the current charge of Chief Engineer, Minor Water Resources
Department, Muzaffarpur.
9. Mr. Sunil Kumar, S/o Name not known to the petitioner. At present holding
the current charge of Chief Engineer (Monitoring Cell), Minor Water
Resources Department, Govt. of Bihar, Vikas Bhawan, New Secretariat,
Patna.
... ... Appellant/s
Versus
Jaipal Das, S/o Late Jodhamal, Resident of 134/4, Lukerganj, P.S. -
Khuldabad, Town and District - Allahabad, U.P.
... ... Respondent/s
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Patna High Court L.P.A No.91 of 2021 dt.17-02-2023
Appearance :
For the Appellant/s : Mr. Ajit Kumar, Adv.
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 17-02-2023
Heard Mr. Ajit Kumar, the learned Advocate
for the appellants/State.
2. The challenge in this appeal is to the
order dated 14-08-2019 passed in C.W.J.C. No. 8539
of 2015 wherein a direction has been issued for
coming out with a notification of the promotion of the
respondent as Superintending Engineer if there is no
other impediment within a specified period of eight
weeks.
3. The State authorities have also been
directed by the order impugned to dispose of the claim
of the respondent for promotion on account of his
juniors having been promoted on the post of Chief
Patna High Court L.P.A No.91 of 2021 dt.17-02-2023
Engineer by a reasoned and speaking order within a
period of three months from the date of
receipt/production of a copy of this order.
4. We find from the tenor of the order that
the ball is in the Court of the appellants/State, who
has to take a decision whether there is any impediment
in issuing notification of promotion of the respondent
(petitioner) to the post of Superintending Engineer. If
any supervening circumstance has cropped-up, that
could be a ground for taking a decision in the light of
such supervening circumstance; nonetheless the only
option available for the appellants/State is to seek a
review of the order which has been appealed against.
5. It would be open for the appellants/State
either to prefer a review petition before the learned
Single Judge or to decide the matter by a reasoned
order as directed by the learned Single Judge.
6. The appeal stands disposed of
accordingly.
Patna High Court L.P.A No.91 of 2021 dt.17-02-2023
7. Interlocutory application/s, if any, also
stands disposed of.
(Ashutosh Kumar, J)
(Harish Kumar, J)
Praveen-
II/Shivank
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.02.2023
Transmission Date N/A
