- (1.) Heard Mr. R.N. Sahay, learned counsel for the petitioner and Mr. Rishikesh Giri, J.C. to G.P.-II for the respondents. In the aforesaid writ application, the petitioner has, inter alia, prayed for direction upon the respondents for promotion on the post of Instructor Engineering.
(2.) The factual matrix, as delineated in the writ petition, is that the petitioner was appointed on the post of Mistri on 26.8.1970 as per Annexure-1 to the writ application and he rendered services to the satisfaction to his authorities and vide order dated 2428 dated 10.8.2006, the petitioner has been granted benefit of 2nd A.C.P., as revealed from Annexure-2 to the writ application and subsequently the petitioner was promoted to the post of Jharkhand Agriculture Engineering Services Class-II. While continuing to the post of Fitter, the petitioner was kept in additional charge of Instructor Engineering vide order dated 19.3.2007, as per Annexure-4 to the writ application. It has further been contended in the writ application that similarly situated persons have been promoted to the post of Agriculture Engineering Services Class-II in pursuance to the order passed in writ petition being, C.W.J.C. No. 922 of 1989, C.W.J.C. No. 5077 of 1998, C.W.J.C. No. 3586 of 1990 and C.W.J.C. No. 2559 of 1998, as revealed from Annexure-5 dated 3.9.2000.
(3.) Counter affidavit has been filed by the respondents-State repelling the averments made in the writ petition. It has been contented in paragraph 7 of the counter affidavit that in the year 2005-06 a Scheme vide Rajyadesh No. 38 dated 7.9.2005 was launched in the Department of Agriculture, Government of Jharkhand for strengthening Agriculture farms. Under the said scheme, the petitioner was given an advance of Rs. 9,75,114/- for construction of crop shed one each in the nine districts of Jharkhand viz. Dumka, Jamtara, Pakur, Sahebganj, Bokaro, Dhanbad, Giridih, Godda and Deoghar vide letter dated 25.5.2006 of Director of Agriculture, Jharkhand, Ranchi-respondent No. 3. Since the petitioner did not submit the measurement book and vouchers and the amount of advance was not adjusted, on the basis of preliminary enquiry report of Deputy Director, Agriculture (Engineering), Directorate of Agriculture, Jharkhand, Ranchi, it was made clear that the petitioner had misappropriated and defalcated the money and vide letter No. 328 dated 8.2.2010, the petitioner was again instructed to submit the measurement book, vouchers and adjust the money advanced to him. But, when no response came from the petitioner, vide office order No. 50 dated 5.5.2010, the petitioner was suspended and a departmental proceeding was initiated against him. It has been further submitted that since the petitioner is involved in misappropriation of government money given to him as advance and a departmental proceeding is going on against him, promotion matter of the petitioner can only be taken after conclusion of departmental proceeding.;