The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 2518 of 2013 .... Basant Kumar Bhattacharya -V e r s u s- The State of Jharkhand & Ors. … … …Petitioner ... ...Respondents CORAM: - HON’BLE MR. JUSTICE APARESH KUMAR SINGH
Legal Reasoning
For the Petitioners For the Respondent-State: - M/s Sumir Prasad, SC-I For the Respondent-JPSC:- Mr. Sanjay Piprawall & Mahadeo Thakur … : - M/s A. K. Sahani, Adv. … 04/03.09.2013 Heard learned counsel for the parties. The petitioner has approached this Court as his case for promotion to the post of Under Secretary is being deferred by the Departmental Promotion Committee from time to time since, 2011 on the alleged ground that his name has been mentioned in the case diary in a criminal case lodged by the vigilance and now transferred to the CBI being R.C. Case No. 05(A)/2010-AHD-R. The contention of the petitioner is that he was initially appointed as Secretariat Assistant on 06.08.1984. According to petitioner, his date of birth as recorded in the service book is 01.01.1958 and he would retire on 31.12.2017. After being confirmed in the said post, he was further promoted as Section Officer, vide Annexure-1 dated 25.01.2008. According to the petitioner, his name has figured at serial no. 307 in the final seniority list of Assistants and Officials working in Jharkhand Secretariat after bifurcation of the State of Jharkhand published on 01.07.2011. Thereafter, a list of 158 Section Officers were prepared on completion of minimum eligibility period and requirements for consideration by the Departmental Promotion Committee for promotion to the next higher post of Under Secretary where the name of the petitioner has figured at serial no. 38 in the list. According to the petitioner, a number of officers were recommended by the Departmental Promotion Committee, which was held on 03.03.2012 whereupon notification of promotion has also been issued vide notification dated 04.04.2012. The contention of the petitioner is that though the departmental proceeding or preliminary enquiry is pending against certain named persons at para-16 to the writ petition, but they have been recommended for promotion by the Departmental Promotion Committee in which certain juniors to the petitioner have got promotion. In the case of the petitioner, it was deferred from time to time on the ground that necessary clearance has not been received from the vigilance as also from the CBI. Learned counsel for the petitioner submits by relying upon the averment made in the counter affidavit of the respondent- State that the Vigilance Department has sent clearance in respect of the petitioner to the State Government as per the submission made in para-8 to the said counter affidavit. He also relies upon Annexure-10 to the writ petition dated 17.01.2013 issued by Joint Secretary, Mines and Geology Department, Government of Jharkhand, Ranchi whereby it has been stated that petitioner has not been chargesheeted either by Vigilance or by CBI and in that regard he also submits that no ground has been made for deferring his case even as per the averments made by the respondents on the ground that his name figured in the case diary of the Vigilance Case which has been transferred to CBI and now being investigated by the CBI being R.C. Case No. 05(A)/2010. However, learned counsel for the petitioner submits by referring to the Annexure-12 annexed to his reply of the counter affidavit filed by the respondent no. 3 that in the certificate, which has been issued by the Special Judge-I, CBI, Ranchi in ECIR Case No. 02/PAT/09, the petitioner has attended the Court and adduced evidences as a prosecution witness in the above mentioned case. In the circumstances, it is contended on behalf of the petitioner that since merely his name is mentioned in the case diary as a witness even as per the submission made in the counter affidavit of the respondent-State, his matter for promotion is being deferred by the Departmental Promotion Committee. Learned counsel for the respondent-State, on the other hand, submits that for want of such clearance from CBI for which repeated letters have been sent to the CBI for obtaining a report in that regard, promotion of the petitioner has been deferred and one post has also been kept reserved for the petitioner as well. Learned counsel for the respondents further submits that if the petitioner pursues his representation before the respondent no. 2, Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi as contained in the Annexure-11 to the writ petition, the same may be considered after due verification of all the relevant records including the clearance from respective departments as also from the CBI. Learned counsel for the JPSC also takes the similar stand. In the circumstances, after having heard learned counsel for the parties, it appears that the case of the petitioner is being deferred on the ground that necessary clearance from CBI is awaited as the name of the petitioner has figured in the case diary of Vigilance case and now investigated by the CBI. In the circumstances, it would not be proper to make any comments upon the merits of the case of the petitioner concerned also at this stage. The matter is being deferred by the Departmental Promotion Committee awaiting clearance from the CBI. Accordingly, the writ
Decision
petition is disposed of by allowing liberty to the petitioner to pursue the representation made before the respondent no. 2, Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi as contained in Annexure-11 to the writ petition. The respondent no. 2, Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi shall consider the same in accordance with law after taking into account all such necessary circulars and clearance, which are required to be undertaken before considering the case of such incumbent for promotion to the higher post by the Departmental Promotion Committee. It is stated on behalf of the petitioner that meeting of Departmental Promotion Committee will be held within a short time. Let the respondent no. 2, Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi take a decision on the representation of the petitioner within a period of eight weeks from the date of receipt of a copy of this order. This writ petition is disposed of in the aforesaid terms. Kamlesh/ (Aparesh Kumar Singh, J.)