Krishna Kant Gupta vs The State of Bihar and Another

Navin Sinha, J.—Heard counsel for the petitioner and the State. The petitioner was directed to be considered for ad hoc promotion in view of Government resolution dated 11.9.2002. Ad hoc promotion has been granted to him with effect from 25.2.2010.

Subsequently by order dated 27.9.2010 he was given warning in the departmental proceeding. His case for promotion had been kept under sealed cover earlier except for the limited right under the resolution dated 11.9.2002.

Learned counsel for the petitioner submits that ''warning'' is not one of the specified punishments under the Bihar Government Servants (Classification, Control and Appeal) Rules and therefore, he is entitled to regular promotion from 25.2.2010.

Counsel for the State sought to persuade us that the order dated 27.9.2010 is under consideration for enhancement.

So long as the order dated 27.9.2010 issued in the name of the Governor subsists, the petitioner is entitled to full benefit of the same. Since it is a consequential relief to the original relief granted in the writ petition we order accordingly. The contempt application stands disposed.