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2001 DIGILAW 223 (JHR)

Harendra Tiwari v. State Of Bihar

2001-03-28

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhaya, J. 1. This case relates to first time bound promotion. 2. The grievance of the petitioner is that though he completed ten years of service as on 26th June, 1991 and was entitled for first time bound promotion from the said date having not granted any promotion to higher grade, the respondents considered his case and promoted him from later date vide an order dated 18.8.1998, from prospective date. 3. It is specifically pleaded that no departmental proceeding or a criminal case, was pending against the petitioner, nor any order of punishment stands in the way of promotion w.e.f. 26th June. 1991. 4. It is not in dispute that the petitioner entered in the service as a Sub- Inspector Trainee on 26th June. 1981 and completed ten years in June, 1991. He passed the requisite PTC Training in the year 1982. 5. The respondents have taken pica that the petitioner was not entitled for promotion from 5 June, 1991 having received 17 rewards as against 21 punishments uptill 14th September. 1994, in terms with Police Order No. 99, as contained in Anenxure B. However, such submission cannot be accepted. A Division Bench of Patna High Court in Santosh Kumar Singh v. State of Bihar, 1993 (1) PLJR 513, held that the promotion cannot be denied on the ground that a person has been received lesser number of rewards than punishment. 6. In the present case, the non-application of mind on the part of the respondents is also evident that while they allowed 1st time bound promotion w.e.f. 18th August, 1998, failed to take into consideration as to whether any punishment inflicted subsequent to 26th June, 1991. can be taken into consideration for allowing promotion from earlier date, i.e. w.e.f. 26th June, 1991 or not. 7. Apart from the aforesaid fact, it may be mentioned that the time bound promotion policy ceased since 1st January, 1996 in view of Finance Departments. Government of Bihar. Resolution No. 3435 F2 dated 8th June, 1999. Thus the case of the petitioner can only be considered for promotion from a date since prior to 1.1.1996, if found fit, but cannot be given such time bound promotion from any date subsequent to 1st January, 1996. 8. Government of Bihar. Resolution No. 3435 F2 dated 8th June, 1999. Thus the case of the petitioner can only be considered for promotion from a date since prior to 1.1.1996, if found fit, but cannot be given such time bound promotion from any date subsequent to 1st January, 1996. 8. for the reasons aforesaid, the case is remitted to the, respondents to reconsider the case of the petitioner for first time bound promotion to next higher grade w.e.f. 26th June, 1991, the date the petitioner completed ten years of service, without taking into consideration the Police Order No. 99, though it will be open to them to look into the service records of last five years prior to June, 1991. 9. A decision, in this respect, be taken and communicated to the petitioner within four months. 10. The petitioner will produce a copy of this order before the D.G.-cum-I.G. Police. Jharkhand, as also the D.G.-cum-I.G. Police, State of Bihar, both of whom are to ensure compliance. 11. The writ petition stands disposed of with the aforesaid observations and directions. 12. Petition disposed of.