BHUKHAR MAHTO Vs. STEEL AUTHORITY OF INDIA LIMITED
LAWS(JHAR)-2008-7-91
HIGH COURT OF JHARKHAND
Decided on July 22,2008

Bhukhar Mahto Appellant
VERSUS
STEEL AUTHORITY OF INDIA LIMITED Respondents

JUDGEMENT

- (1.) HEARD the counsel for the parties.
(2.) THE petitioner in this writ application has prayed for the issuance of a direction to the respondents to grant him promotion to Grade -P5 with effect from 1998 and' also to grant him promotion to Grade -P6 with effect from 2002 with all monetary benefits thereon. Learned counsel submits that the petitioner is employed as a Technician (staff no. 435786) in the Bokaro Steel Plant. On account of some mishap in which the daughter -in -law of the petitioner suffered death on 5.5.1994 due to burn injuries, a case was registered against him and other members of his family for certain criminal offences and the petitioner was taken into custody. However, he was released on bail in due course in the aforesaid case. During the period the petitioner was in judicial custody in connection with the case, he could not join his duties. Consequently, he was charge -sheeted for his absence from services vide notice dated 21.6.1994. Pending departmental enquiry, the petitioner was put under suspension by order dated 27.12.1994 with retrospective effect from 6.5.1994. Challenging the order of his suspension, the petitioner filed the writ petition being CWJC No. 3336 of 1998R before the Patna High Court, Ranchi Bench, Ranchi. While disposing of the said writ petition, this Court by order dated 10.8.1999 directed the respondents to conclude the departmental enquiry within four months failing which the order of suspension shall stand revoked. Subsequently, by order dated 29.11.1999, order of petitioner's suspension was revoked by the competent authority and the petitioner was allowed to join his service on 30.11.1999.
(3.) THE petitioner had initially joined service as a Khalasi in the year 1979 and was later on promoted to Grade -P3 and subsequently in P4 in the year 1994. Thereafter two promotions to Grade -P5 and P6 became due to him in the year 1998 and 2002 respectively. But despite the fact that the petitioner was exonerated in the departmental proceedings and during the pendency of the proceedings, his suspension order was recalled and he was allowed to resume his service, his promotion has not been given to him.;


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