The Director General of Police, Jharkhand, having its office at v. HEC, Dhurwa, P.O. and P.S. Dhurwa, Dist. Ranchi
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6133 of 2023 Muhammad Kuddush Age: 42 years, S/o Nurul Hoda, R/o Village- Punjabi Gali, P.O. Gumla, P.S. Gumla, District : Gumla, Jharkhand, Petitioner 835207 … … 1. The State of Jharkhand 2. The Director General of Police, Jharkhand, having its office at Versus HEC, Dhurwa, P.O. and P.S. Dhurwa, Dist. Ranchi 3. The Deputy Inspector General of Police, (Personnel), Jharkhand, having its office at HEC, Dhurwa, P.O. and P.S. Dhurwa, Dist. Ranchi 4. The Deputy Inspector General of Police, Palamu area, P.O. and P.S. Palamu, Daltonganj, 5. The Superintendent of Police, Palamu area, P.O. and P.S. Palamu, … Respondents Daltonganj … CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioner For the Respondents
Legal Reasoning
--- : Mr. Asif Khan, Advocate Md. Zubair Khan, Advocate : Mr. Jayant Franklin Toppo, Advocate --- 03/07.02.2024 present case regarding the service of notice. 2. This writ petition has been filed for the following reliefs: - “For issuance of an appropriate writ(s) order(s) , direction(s), particularly writ in the nature of Mandamus commanding upon the respondents particularly respondent no. 3 to send to this Hon'ble Court all records appertaining to the promotion given to all persons from the post of Sub-Inspector to the post of Inspector, some of whom are much juniors to the present petitioner and who have all been promoted to the post of Inspector on the basis of selection vide its memo no 475/P dated 02.06.2020 and 27/28.05.2020 by the Selection Committee and the case of the petitioner was not at all considered for being promoted to the post of Inspector from the post of Sub-Inspector although he was entitled for being promoted because on the date of consideration a memo no-660/5C dated 28.05.20, the nomination of Service Completion was sent to the Office for his promotion. b) Further, a humble prayer is being made before this Hon'ble Court for a direction upon the respondents particularly respondent no. 3 to consider the case of the petitioner for being promoted to the post of Inspector from the post of Sub-Inspector on and from the date his batch/juniors are promoted i.e. 20.11.2020, to the said post of Inspector. 2 e) Further, a humble prayer is being made before this Hon'ble Court for grant of all consequential benefits to the petitioner to which he is entitled if on consideration as promotion to the post of Inspector may be allowed from the date on which his junior have been promoted to the said post of Inspector in pursuant to the selection made by the Selection Committee in its meeting dated 02.06.2020 and 27/28.05.2020. d) A humble prayer is being made before this Hon'ble Court for grant of all consequential benefits to the petitioner to which he may be entitled in law.” 3. Learned counsel for the petitioner has submitted that the matter relates to promotion of the petitioner to the post of Inspector. It is the grievance of the petitioner that the meeting of Departmental Promotion Committee was held on 28.05.2020 but the case of the petitioner could not be taken up as the petitioner was confirmed in service on 28.05.2020 itself. The learned counsel has also submitted that those persons whose services were not confirmed the Departmental Promotion Committee had granted time of 14 days so that matter of such persons could also be taken up. The learned counsel submits that the services of the petitioner was confirmed on 28.05.2020 but the case of the petitioner has been left out from consideration and therefore the petitioner is seeking a mandamus from this Court so that the petitioner may be granted promotion w.e.f. the date when his juniors were granted promotion. 4. The learned counsel for the respondents on the other hand has submitted that counter affidavit has been filed by respondent no. 5 stating that vide memo dated 15.06.2020 the respondent no. 5 had forwarded supplementary nomination of the petitioner to the Deputy Inspector General of Police, Palamau Range, for promotion to the post of Inspector of Police from Sub Inspector of Police; subsequent thereto on 18.06.2020 a meeting of supplementary regional selection board Palamau was held under the chairmanship of Inspector General of Police, South Chhotanagpur cum Palamau Range, Daltonganj in which the petitioner was found suitable for promotion to the post of Inspector and accordingly vide letter dated 18.06.2020 Inspector General of Police, Palamau Range has forwarded the recommendation 3 of the petitioner to the Deputy Inspector General of Police (Personal), Jharkhand, Ranchi. 5. It appears that the necessary formalities in connection with the promotion of the petitioner has been done at the end of the respondents but there has been some delay and consequently junior to the petitioner has been promoted and the petitioner has been left out. 6. This Court is of the considered view that the matter is required to be considered by respondent no. 3 who shall also take into consideration that the petitioner should not suffer for any laches or delay on the part of the respondents in the matter of sending the requisite document for consideration of promotion of the petitioner. The said authority will also take into consideration that as per the case of the petitioner his juniors have been promoted and the petitioner has been left out. 7. Accordingly, this writ petition is disposed of enabling the petitioner to approach the respondent no. 3 by filing a representation and also copy of the records of this case and point out in the representation regarding the names of the juniors who have been promoted prior to the petitioner and the petitioner has been left out. The grievance of the petitioner will be taken care of by the respondent no. 3 who shall pass appropriate orders in connection with the claim of promotion of the petitioner within a period of one month from the date of representation in accordance with law. If the right of one or the other person is affected by the claim of the petitioner, such persons be also granted an opportunity of hearing before passing the order. 8.
Decision
This writ petition is disposed of with aforesaid observation and direction. 9. The reasoned order be communicated to the petitioner/parties through speed post. Binit (Anubha Rawat Choudhary, J.)