Birendra Prasad vs. Principal Secretary Energy Dept

\234 SLP(C)No.27973/14 1 ITEM NO.19 COURT NO.4 SECTIO N XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 27973/2014 (Arising out of impugned final judgment and order dated 28/07/2014 in LPA No. 1033/2013 passed by the High Court of Patna) BIRENDRA PRASAD Petit ioner(s) VERSUS PRINCIPAL SECRETARY ENERGY DEPT AND ORS Respo ndent(s) (With appln. (s) for exemption from filing O.T. and interim relief) Date : 31/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Dr. Krishan Singh Chauhan,Adv. Mr.Ajit Kumar Ekka, Adv. Mr.Ravi Prakash, Adv. Mr.Chand Kiran, Adv. Mr.Murari Lal, Adv. For Respondent(s) Upon hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner emphatically disputes the factual stance adopted by the State of Bihar to the effect, that the State Government never created the post of Engineer-in-Chief. This position is sought to be disputed on the basis of material inter alia Annexure P-2 dated 31.12.1981. Prima facie, it is not possible for us to rely on the Signature Not Verified Digitally signed by Notification dated 31.12.1981 to overturn the finding recorded in Satish Kumar Yadav Date: 2014.11.01 13:21:13 IST Reason: the impugned order to the effect that there was no post of Engineer-in-Chief in 2005. We accordingly permit the learned SLP(C)No.27973/14 2

counsel for the petitioner to place on the record of this case material depicting the availability of an existing post of Engineer-in-Chief in the cadre to which the petitioner belonged in 2005. Record, if any, of creation of such a post be placed for the consideration of this Court within eight weeks from today. No further adjournment shall be granted to the petitioner.

List again after eight weeks.

(SATISH KUMAR YADAV) (PHOOLAN WATI ARORA) COURT MASTER ASSISTANT REGISTRAR