RAMESHWAR PRASAD versus STATE OF BIHAR AND ORS.

RAMESHWAR PRASAD versus STATE OF BIHAR AND ORS.

The petitioner's case for promotion was fully considered and rejected on merits by both the High Court and the State Government. Since similarly situated employees must have their cases considered, and this was done, there was no violation of Articles 14 or 16. Without a clear plea and proof, the allegation of malice cannot be entertained.

Parties
Petitioner: Rameshwar Prasad; Respondent No. 1: State of Bihar; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
31 August 1979
Procedural Posture
Writ Petition / Final Disposal on Merits
Outcome
Petition dismissed
Legal Topics
Supersession for Promotion, Judicial Service, Articles 14 and 16 of the Constitution
Constitutional Law Service Law Supersession for Promotion Judicial Service Articles 14 and 16 of the Constitution

Case Brief

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Parties

Rameshwar Prasad

Petitioner

State of Bihar

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Writ Petition / Final Disposal on Merits

Legal Issues

  1. 1 Whether the petitioner's supersession for promotion as Additional District Judge violated Articles 14 and 16 of the Constitution
  2. 2 Whether allegation of malice in recommendation by High Court can be entertained without a proper plea

Ratio Decidendi

The petitioner's case for promotion was fully considered and rejected on merits by both the High Court and the State Government. Since similarly situated employees must have their cases considered, and this was done, there was no violation of Articles 14 or 16. Without a clear plea and proof, the allegation of malice cannot be entertained.

Court Disposition

Petition dismissed

Orders

  • The writ petition is dismissed. There will be no order as to costs.