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PETITIONER: THE STATE OF BIHAR & ORS.

       Vs.

RESPONDENT: BATESHWAR SHARMA

DATE OF JUDGMENT:       14/03/1997

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      This appeal, by special leave, arises from the judgment of the Division Bench of the Patna High Court, passed on May 2, 1996 in L.P.A. No.815/95.      The admitted  facts are  that while the respondents was working  temporarily  as  Superintending  Engineer,  several proceedings were  initiated against him statedly for his own misconduct in  the matter  of financial transactions etc. It is not necessary to dilate upon all facts in detail. Suffice it to state that the Departmental Promotion Committee (DPC), duly constituted  by  the  Government,  had  gone  into  the question whether  the respondent  was fit for promotion from the post of Executive Engineer as Superintending Engineer on regular basis  in the  proceedings dated  13.9.1995, the DPC found as under:      "Hence the  Departmental  Promotion      Committee examined  in its  meeting      all the  relevant  papers/documents      made available  by the  Department.      After  examination   the  Committee      found the  Officer  proposed  unfit      for promotion upto 16.1.1994."      In view  of the  above finding of fact by the competent Committee, the question arises: whether the High Court could record finding  that the  respondent could be deemed to have been promoted  from January  17, 1989 with all consequential benefits. The  view taken  by the  High  Court  is  palpably illegal for  the reason that once the DPC had found that the respondent was  unfit for promotion upto that date, the only course that requires to be  adopted by the High Court was to remit the  matter to  the Government for constitution of the DPC to  consider his  fitment for promotion in later period. In that  event, the  DPC would go into the merits afresh and find out  whether the respondent would be fit for promotion. If he  would be found fit and recommendation is made in that behalf, the  Government would  appoint him  on regular basis and he  would get  seniority  only  from  the  date  of  his promotion; and not from the earlier date when he was working

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on ad  hoc basis. we are not inclined to express any opinion on merits  either way.  The D.P.C.  is  the  only  competent authority to decide on merits.      Under these  circumstances, the order of the High Court stands set  aside. The  Government is directed to constitute the D.P.C.  which would  consider the case of the respondent in accordance  with  the  rules  on  merits  and  then  give appropriate  direction   in  accordance   therewith  to  the Government. We  direct  the  Government  to  do  the  entire exercise within three months from the date of the receipt of this order.      The appeal is accordingly allowed. No Costs.