Judgment S.B.Sinha, J. 1. In this application the petitioner has prayed for quashing of an order of reversion dated 16-5-1991 as contained in Annexure 2, the order dated 17-9-91 as contained in Annexure 6 and the order dated 23-9-1992 as contained in Annexure 6 and the order dated 23-9-1992 as contained in Annexure 7 to the writ petition. 2. The fact of the matter lies in a very narrow compass. 3. The petitioner was appointed as a literate constable in the year 1971 and was promoted to the rank of Assistant Sub-Inspector of police on 6-10-1980 A meeting of the Central Selection Board was covened for considering the matter of promotion from the rank of Assistant Sub-Inspector of police to Sub-Inspector of police. Tests were held for the aforementioned purposes from 28-12-1988 to 9-1-1989 in which the petitioner was allegedly declared fit and given promotion to the post of Sub-Inspector of police The order of promotion dated 26-12-1989 is contained in Annexure-1 to the writ application. 4. The petitioner allegedly joined the said post on 1-1-1990. However, by reason of the impugned order dated 16-5-1992 as contained in Annexure 2 to the writ petition he has been directed to be reverted whereas his juniors had been retained in the said post. 5. The petitioner thereafter filed representations and the case of the petitioner was recommended by the Deputy |Inspector General of police. According to the petitioner although he worked from 1-1-1990 to 29-9-1991 but the Superintendent of police reverted him with effect from 15-5-1991 by reason of the order as contained in Annexure 7 to the writ petition. 6. It appears that a copy of the counter affidavit was served upon the learned Counsel appearing on behalf of the petitioner and the rejoinder to the said counter affidavit has been filed on 28-11-1991. 7. A reply to the said rejoinder has been filed. It has been contended on behalf of the respondents that the seniority list of the Assistant Sub-Inspector of police and Sub-Inspector of police are maintained at the State Level and the orders of promotions are issued from Headquarters on the basis of fit list prepared by the Central Selection Board. 8. A reply to the said rejoinder has been filed. It has been contended on behalf of the respondents that the seniority list of the Assistant Sub-Inspector of police and Sub-Inspector of police are maintained at the State Level and the orders of promotions are issued from Headquarters on the basis of fit list prepared by the Central Selection Board. 8. According to the petitioner, the Range D. I. G. can only give temporary promotion upto four months in terms of Rule 729 (b, (2) of the Bihar Police Manual, and thus the petitioner must be held to have been given officiating promotion for the aforementioned period in terms of Annexure 1 to the writ application. 9. According to the respondents, the position of the petitioner in the State Society list of A. S. I. was 3383 and the serial number upto which, fit list declared by the Central Selection Board is 1654. The respondents have contended that orders have been issued by the Inspector-General of Police to the effect that all persons below serial No. 1042 and which was subsequently changed to serial No. 1185 of the State seniority list of the Assistant Sub-Inspector of police and who has been given ad hoc promotion to the post of Sub-Inspector of the police of general casts, should be reverted forthwith. 10. It has also been contended that a guideline in this regard was sought for by the Deputy Inspector General of police in view of the fact that the petitioner was promoted to the post of sub-Inspector of police on the basis of seniority list of the range, a reply thereto was given to the effect that promotion wag to be given on the basis of State seniority list only. 11. In this case the respondents have also filed a copy of the Memo No. 2217/PI, dated 2-4-1991 which is contained in Annexure-A to the counter affidavit. 12. On 9-11-1992 the petitioner has filed a rejoinder application wherein it has been contended that Hari Narayan Sharma, being at serial No. 16(5) and one Chandra Mohan Ojha have still been working as sub-Inspector of police. 13. Mr. Tej Bahadur Singh learned Counsel appearing on behalf of the petitioner has raised a short question in support of this application. 12. On 9-11-1992 the petitioner has filed a rejoinder application wherein it has been contended that Hari Narayan Sharma, being at serial No. 16(5) and one Chandra Mohan Ojha have still been working as sub-Inspector of police. 13. Mr. Tej Bahadur Singh learned Counsel appearing on behalf of the petitioner has raised a short question in support of this application. The learned Counsel submitted that there is nothing to show that the petitioner was appointed on a temporary basis and thus the order of reversion must be held to be illegal. In any event, according to the learned Counsel as the persons junior to the petitioner have been retained in service, the petitioner could not have been reverted. 14. From a perusal of Annexure 1 to the writ application it appears that the petitioner was found fit for permanent promotion. He was however temporarily promoted to the post of Sub-Inspector of police by Deputy Inspector General of police Santhalpargana Range. 15. The petitioner has asserted that he is the senior most Assistant Sub-Inspector of police in the Santhalpargana Range. However, it is not in dispute that the conditions of service of the petitioner are governed by the Bihar Police Manual which would be deemed to be a rule framed under the proviso appended to Article 309 of the Constitution of India. 16. Rule 729 (b)(2) of the Bihar Police Manual reads thus: (b) Promotion (1) For the promotion of constables to the rank of Assistant Sub-Inspector and Havaldar see Rule 660 (a) and 660-A. No constable who does not possess a certificate of competency in drill and cannot read and write Hindi with facility and has "not passed the senior leaders course in Rule 685 shall be promoted to the rank of Havildar, but with the sanction of the Inspector-General, specially brilliant detective constables may be exempted, the number so exempted to be strictly limited. (2) Superintendents are competent to promote an Assistant Sub-Inspector in a short leave vacancy to officiate in the rank of Sub-Inspector not exceeding four months but in each case, the range of Deputy Inspector Generals order will be obtained as soon as possible in confirmation of the orders passed in the same wav as noted in Rule 725 (c). 17. (2) Superintendents are competent to promote an Assistant Sub-Inspector in a short leave vacancy to officiate in the rank of Sub-Inspector not exceeding four months but in each case, the range of Deputy Inspector Generals order will be obtained as soon as possible in confirmation of the orders passed in the same wav as noted in Rule 725 (c). 17. It is pertinent to mention that posts of Sub-Inspector of police can be filled up by regular promotion only in terms of Rule 659 of the Bihar Police Manual. Rule 695 of the Bihar Police Manual reads thus: 659-Promotion of Assistant Sub-Inspectors.-(a) 50 per cent of the vacancies in the rank of Sub-Inspector shall be filled by selection from the rank of Assistant Sub-Inspector who have at least done a minimum of five years service (a)(Rule 653 (b) Only selected officers who have shown exceptional merit while serving as Assistant Sub-Inspector will be promoted. (b) On receipt of information vide Rule 653 (a., the Deputy Inspector General will intimate the number of vacancies allotted to each district and call for nominations, to reach him on a date to be fixed. (c) At least 14 days before nominations are sent to the Deputy Inspector General the names of the nominees shall be published by district order so that those who are not nominated may have an opportunity of representating their cases before the nominations are actually submitted. Officers having such representations to make should be given interviews and their cases examined with them: In forwarding the nominations a certificate must be given of the dates on which the lists were published and intimations sent to those not nominated. Those not nominated, may submit representation within 14 days to the Deputy Inspector General which shall be considered by him as early as possible so that in case of necessity, additional nominations may be sent. In selecting Assistant sub-Inspectors for promotion, preference should be given to those who have received special commendation for integrity of character and good detective work. (d) The Range Deputy-Inspector Generals Board (Appendix 72(3) shall make selection from those nominated from districts and shall send names for consideration to Central Selection Board Appendix 72(2). This list shall be drawn according to seniority but if any Assistant Sub-Inspector is placed serially above his seniority on the basis of his ability, reasons for such special nomination shall be given. This list shall be drawn according to seniority but if any Assistant Sub-Inspector is placed serially above his seniority on the basis of his ability, reasons for such special nomination shall be given. Necessary papers and all papers concerning selection shall be presented before the Central Selection Board [Appendix 72(2) by the date fixed], (e) The Central Selection Board [Appendix 72(2)] shall, if necessary, interview the candidates nominated by the Range Deputy Inspector-Generals Board and prepare a list of selected candidates for promotion. Names on this list should Ordinarily be in order of seniority. If an officer is placed higher in the list than his seniority warrant the reasons for such special nomination shall be recorded Promotions shall be continued to the selected list framed by the Central Selection Board [Appendix 72(2)] but vacancies shall be filled up range wise according to seniority in the list by the Range Deputy Inspector General. A copy of the proceedings shall be forwarded to Inspector General for information who shall endeavour to see that wide disparities do not occur in matter of promotion and confirmation in different ranges and adjustments may be made by suitable transfers of Assistant Sub-Inspectors. (f) The Central Selection Board shall make 25 per cent more selections of Assistant Sub-Inspector than the number of vacancies so that there is no difficulty in filling casual vacancies. Names beyond 25 per cent may also be kept in this list after getting order of Inspector-General. If any one in the list does not get promoted in one year, his case shall be reviewed again for inclusion in the next years list and he shall be placed above them. (g) Assistant Sub-Inspector shall on probation for a period of twelve months from the date of the order promoting them to the rank of Sub-Inspector. 18. From a perusal of the said rule, it is evident that Range Deputy Inspector General Board can make selection from those nominated from district and the same has to be sent for consideration of the Central Selection Board. 19. From a bare perusal of the aforementioned provisions, there cannot be any doubt that the petitioner could be given only a temporary promotion for a period of four months only. 20. 19. From a bare perusal of the aforementioned provisions, there cannot be any doubt that the petitioner could be given only a temporary promotion for a period of four months only. 20. In this view of the matter, there cannot be any doubt that the promotion granted to the petitioner was wholly illegal being contrary to the mandatory provisions of law. In this situation, the petitioner was not entitled to an opportunity of being heard. 21. However, there cannot be any doubt that even if a person is promoted for a temporary period, normally he should not be reverted unless his juniors are also reverted. If the order of reversions of the petitioner as contained in Annexure 2 to the writ application has been passed on the basis of some policy decision of the State of Bihar, the said policy decision should be applied to all concerned. 22. However, as noticed hereinbefore, in terms of Rule 729, an officiating promotion could be made for a period of four months only. It is, therefore, surprising as to how the petitioner was allowed to perform his duties as Sub-Inspector of police for such a long time. Evidently persons similarly situated must have also been permitted to perform the duties as Sub-Inspector of police for an indefinite period. 23. It is, therefore, evident that the State has been taking work attached to the post of Sub-Inspector of police contrary to the provisions of the Bihar Police Manual on an officiating basis. The scheme of the Bihar Police Manual does not suggest that a Sub-Inspector should be kept posted on an officiating basis for a long time. The vacant posts, therefore, in our opinion should be directed to be filled up. 24. The Director General of Police is also directed to make an enquiry as to whether other persons who are junior to the petitioners has been allowed to continue as Sub-Inspector or not and in the event it is found that the allegation made by the petitioners are correct, necessary action in accordance with law should be taken at an early date. 25. It is further made clear that the petitioner shall be entitled to remuneration as Sub-Inspector of Police, if any, till he actually worked in the said post. 26. This application is disposed of with the aforementioned directions and observations. Indu Prabha Singh, J. 27 I agree.