S.J.MUKHOPADHAYA,J. - (1.) AS both the cases having preferred by common petitioner, Shankar Prasad Kedia, they were heard together and are being disposed of by this common order.
(2.) IN w.P. (S) No. 3685 of 2001, while petitioner has prayed for issuance of an appropriate writ/order/direction upon the Respondents to grant him promotion with all consequential benefits to the post of Deputy Commissioner, Commercial Taxes w.e.f. 17th September, 1997, i.e. from the date his juniors were so promoted, in w.P. (S) No. 3697 of 2001, the petitioner has challenged the departmental proceeding, as was initiated by the Government, Commercial Taxes Department, Patna, vide Memo No. 378/C dated 27th February, 1999. From the pleading made by the petitioner, it will be evident that the case of the petitioner for promotion to the post of Deputy Commissioner, Commercial Taxes, was kept pending because of pendency of a departmental proceeding and as such it is necessary to take into consideration the relevant facts relating to proceedings which are pending against the petitioner.
(3.) THE petitioner was member of the Bihar Finance Service (State Finance Service) and in now posted in the State of Jharkhand. He was appointed as Commercial Taxes Officer in the year 1975 on the recommendation of the Bihar Public Service Commission and subsequently promoted as Assistant Commissioner, Commercial Taxes w.e.f. the year 1984, vide Notification No. 212 dated 24th February, 1989.;