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2004 DIGILAW 612 (PAT)

Nagendra Mishra v. State Of Bihar

2004-06-29

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This application is directed against the order issued vide memo no. 3628 dated 29.9.2003 as contained in Annexure 12 whereby and whereunder promotion granted to the petitioner on the post of Assistant Sub Inspector of Police has been cancelled and he has been reverted back to his substantive post of Constable in Bihar Military Police. 3. It is submitted by learned counsel for the petitioner that initially the petitioner was appointed as a Police Constable in Bihar Military Police and by virtue of the order as contained in Annexure 1 dated 12.10.1993 he was transferred in the office of the Director General-cum-lnspector General of Police and thereafter the petitioners cadre was merged in the cadre of general police by virtue of order as contained in Annexure 3 dated 28.2.1997 and thereafter by virtue of the order as contained in Annexure 7 the petitioner was promoted alongwith others to the post of Assistant Sub Inspector of Police with effect from the date of notification i.e. 13th March, 2002 and by the order impugned now the promotion granted to the petitioner has been cancelled and he has been reverted to his substantive post. 4. It is further submitted by learned counsel for the petitioner that there is no separate cadre of the personnel of Bihar Military Police and the general police in exercise of power under Article 309 of the Constitution and as per Rule 7A(d) of the Police Manual, there are different wings of the police personnel and, therefore, the Director General-cum-lnspector General of Police had the authority to promote him to the post of Assistant Sub Inspector of Police. It is also submitted that in all respects, the petitioner was found eligible for promotion to the post of Assistant Sub Inspector of Police as he had also passed PTC examination and his case was considered with several other persons. It is, therefore submitted that the order impugned as contained in Annexure 12 is wholly without jurisdiction and arbitrary. Learned counsel has also drawn my attention to Annexure 13 showing that in past also the personnel of Bihar Military Police were transferred to different wings and they were promoted. 5. It is, therefore submitted that the order impugned as contained in Annexure 12 is wholly without jurisdiction and arbitrary. Learned counsel has also drawn my attention to Annexure 13 showing that in past also the personnel of Bihar Military Police were transferred to different wings and they were promoted. 5. A counter affidavit has been filed on behalf of the respondents stating therein inter alia that since the petitioner was appointed in a different cadre he couid not have been promoted in general side. It is further stated that matter relating to other similarly situated persons who were promoted in the general side is under active consideration to revert them back and for that show cause notice is required to be issued. J.C. to S.C. 3 in this light submits that the petitioners case shall also be dealt with in the same manner in case such exigency arises. 6. Considering the submission of the parties and in view of the statements made in the writ application vis-a-vis in the counter affidavit, the order impugned as contained in Annexure 12 for the present appears to be wholly without jurisdiction. 7. In the result, this application is allowed. Order as contained in Annexure 12 is set aside. However, it is, observed that this order will not prevent the authorities in case they proceed against similarly situated persons to take appropriate action in the matter. 8. No costs.