IN THE HIGH COURT OF JHARKHAND AT R A N C H I
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L.P.A. NO.99/2009
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Hira Lal . ........ Appellant.
Versus
Bharat Sanchar Nigam Ltd. and Ors ...... Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR.JUSTICE D.K.SINHA
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For the Appellant: Mr. B.D.Singh.
For the Respondents : Mr.B.K.Pathak.
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04/25.03.2009
This appeal has been preferred against the order dated
09.01.2009 passed in W.P(S) NO.989/2003 by which the writ petition
was disposed of with a direction to the respondents to conclude the
enquiry against the petitioner/appellant herein within a period of six
months from the date of receipt/production of a copy of the order
after affording opportunity to the petitioner and in case the
petitioner/appellant failed to cooperate with the same, appropriate
orders assigning reasons were ordered to be passed. The learned
Single Jude further observed that if the departmental proceeding is
not concluded within the aforesaid period, the same shall
automatically be deemed to be quashed.
From the aforesaid order it is clear that the
petitioner/appellant has practically been granted the relief by the
learned Single Judge himself but a grievance has been raised in this
appeal that on account of pendency of the departmental proceeding,
the petitioner/appellant will be losing his chance of promotion as his
retirement is due in the month of July, 2009.
However, counsel for the respondents submitted that
mere pendency of the departmental proceeding is not going to
prejudice the case of the petitioner/appellant in regard to his
promotion for even if the departmental proceeding goes in his favour
he will not be promoted, as there is a case lodged by the C.B.I.
against the petitioner/appellant in regard to embezzlement of money
2.
and therefore, his case for promotion even otherwise cannot be
considered.
Under the circumstance, we see no ground to entertain
this appeal. Consequently, the appeal is dismissed.
(Gyan Sudha Misra,C.J.)
( D.K.Sinha, J )
Biswas