SURESH PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order dated 5 November, 1996 on C.W.J.C. No. 672 of 1986 (Suresh Prasad Verma V/s. The State of Bihar & Ors. ).

(2.) THE facts are not in issue. The relief sought in the petition was to the effect that regard being had to the circumstances that the petitioner -appellant had been promoted to the post of Divisional Commandant (equivalent to the post of Additional Superintendent of Police) and had, in fact, been given the scale, the status and position should have been regularised in a substantive manner. There is no issue that the promotion had not been granted to the petitioner -appellant.

(3.) THUS , the judgment of the learned judge on the writ petition suffers from a manifest error which is apparent on the face of the record and is, accordingly, set aside. Further, the court is of the opinion that it was for the State Government to release the petitioner from the Department of Civil Defence and give him a specific posting. The record bears out, in the present case, that promotion was granted and consequent upon grant of promotion the services of the petitioner were retained which does not mean that the petitioner would lose his promotion.