- (1.) HEARD the counsel for the petitioner, State and respondent No. 6.
(2.) ADMITTEDLY , the petitioner, Dr. Akhilesh Pratap Singh and the respondent No. 6, Dr. Braj Kishore Mundari have not been substantively promoted to the rank of Civil Surgeon -cum -Chief Medical Officer, Garhwa. The petitioner is holding the substantive post of District Tuberculosis Officer, Garhwa whereas respondent No. 6 is holding the substantive post of Superintendent, Sub - Divisional Hospital, Garhwa. The post of Civil Surgeon -cum -Chief Medical Officer, Garhwa fell vacant since 31st January, 2003 on retirement of one Tulsi Prasad. The Deputy Commissioner, Garhwa vide Memo No. 217, dated 31st January, 2003 asked the petitioner to function as Incharge Civil Surgeon -cum -Chief Medical Officer, Garhwa until further order of the Headquarter. The State Government subsequently issued impugned Notification No. 45 (4), dated 18 February, 2003 whereby respondent No. 6 has been allowed to hold the charge of the post of Civil Surgeon -cum -Chief Medical Officer, Garhwa.
(3.) NOTICES were issued to respondent No. 6 with clear stipulation that the case may be disposed of at the stage of admission. State was also allowed to file counter affidavit. The impugned Notification No. 45(4), dated 18th February, 2003 so far it relates to respondent No. 6 was stayed.;