Research › Search › Judgment

Patna High Court · body

2000 DIGILAW 1011 (PAT)

Dinesh Chandra Jha v. State Of Bihar

2000-08-18

SUDHANSU JYOTI MUKHOPADHAYA

body2000
Judgment 1. This application has been preferred by the petitioner against the decision dated 7th January, 1998, communicated by D.G.-cum-I.G. Police on behalf of the D.G. Board, whereby and whereunder, the claim of the petitioner for out of turn promotion on the post of A.S.I, has been rejected. 2. The brief fact of the case shows that the petitioner, a constable, appointed in the year 1983, was selected and represented Bihar Police Kabaddi Team in 1983 and remained member of the team upto 1989. He passed the requisite training for promotion to higher post. 3. The petitioner having represented Bihar Police Kabaddi Team for about eight years, represented before the authorities for his out of turn promotion under Rule 60 (c), in the light of Police Order No. 219A/90. No action having taken and others having granted out of turn promotion, the petitioner had to move this Court in C.W.J.C. No. 11972/96, wherein this Court, vide order dated 17th September, 1997, remitted the matter to the Respondents to consider the case of the petitioner for out of turn promotion. 4. On such remand, the Respondents considered the case of the petitioner and rejected the claim, as communicated vide impugned order dated 7th January, 1998. 5. The Respondents in their counter affidavit while accepted that the petitioner represented the Bihar Police Kabaddi Team, distinguished the case of the petitioner with the others who have granted out of turn promotion. It is stated that others like Munindra Rai, Sajal Krishna Bose; Ram Dular Singh; Krishna Kumar Jha; and Havildar Pushpa Prad- han, were the trained Coach or members of Volleyball Team/Wrestling Team/Gymnastic Team and during their period as a coach, the team having obtained 1st position in All India East Zone Police Games, they have been granted promotion. 6. It is stated that the period during which the petitioner was a member of the Bihar Police Kabaddi Team, he never won the championship in All India Zonal level Game and thereby his case was rejected, having found not fit for out of turn promotion. 7. The counsel for the petitioner relied on Police Order No.219A/90, as contained in Annexure-1 and submitted that his case is covered by clause (Ka) of revised order. The petitioner having taken part in National Game for more than two years continuously, was eligible for out of turn promotion. 8. 7. The counsel for the petitioner relied on Police Order No.219A/90, as contained in Annexure-1 and submitted that his case is covered by clause (Ka) of revised order. The petitioner having taken part in National Game for more than two years continuously, was eligible for out of turn promotion. 8. It is stated that the case of ft petitioner has been rejected on the basis of the other clause (Kha) under which the petitioner never claimed such promotion. 9. From the writ petition, enclosures and counter affidavit, as I find that the case of the petitioner was considered by the D.G. Board, which after taking into consideration all the relevant documents, including the fact that during the period, the petitioner was a member of the Team, never became champion in the National Game/Zonal Game, I am not inclined to interfere with such decision of the D.G Board. In the circumstances, there being no illegality in the decision of the D.G Board, I dismiss the writ petition.