Dhanushdhari Rai v. The State of Jharkhand

HON'BLE MR. JUSTICE DR. S. N. PATHAK -------- ……….. Respondents For the Petitioner : For the Resp. : Mrs. Ritu Kumar, Advocate Mr. Samavesh Bhanj Deo, Advocate Mr. Ashok Kumar, AAG --------- 04/ 03.03.2022 Petitioner has approached this Court with a prayer for direction upon the respondents to grant him promotion to the post of Executive Engineer with all consequential benefits from the date his juniors were granted promotion and in pursuance to the recommendation of the Departmental Promotion Committee held on 30.08.2018, taking into consideration that the petitioner was fully exonerated in the departmental enquiry pending against him and the recommendation for promotion was kept in sealed cover. At the very outset, learned counsel for the petitioner submits that though the representations of the petitioner are pending but the respondents have not passed any order on the same. Learned counsel further submits that suffice it would be if a direction is given to the respondents to pass reasoned order on his pending representation within a stipulated period of time. On the other hand, learned counsel appearing for the respondents very fairly submits that if this Court directs, the respondents shall pass reasoned order on the pending representation of the petitioner. In view of the fair submissions of the learned counsel for the parties, I hereby direct the respondents to consider the case of the petitioner and after providing ample opportunity of hearing to him, pass a speaking and reasoned order, taking into account the judgment passed in case of Union of India Vs. K.V. Janakiraman (1991) 4 SCC 109, within a period of six 2 weeks, which shall also be communicated to the petitioner. It goes without saying that if the petitioner is found entitled for the benefits, as prayed for, the same may be extended to him within a further period of three weeks. With these observations and directions, this writ petition stands disposed of. Let it be made clear that this Court has not entered into the merits of the case. RC/K (Dr. S.N. Pathak, J.)