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2005 DIGILAW 281 (PAT)

Alakh Kumar Sinha v. State of Bihar

2005-03-10

body2005
ORDER Heard counsel for the parties. 2. This writ application is directed against the order as contained in annexure-1 dated 17.2.1999 whereby and where under the representation of the petitioner for his promotion to the post of Inspector of Police with effect from 3rd November, 1982 has been rejected. A consequential prayer has also been made for issuance of directions for payment of consequential benefits. 3. It appears that the petitioner for the self same grievance had approached this Court in CWJC No. 560 of 1997. The writ application aforesaid was disposed of on 24.6.1997 directing the Director General cum - Inspector General of Police, Govt. of Bihar, Patna, to look into the grievances of the petitioner and if he finds that the petitioner was promoted on officiating basis to the post of Sub - Inspector of Police and was confirmed, then in that case his seniority would be counted in the cadre of Sub - Inspector of Police with effect from 20th June, 1971. Pursuant to the order passed by this Court the petitioner filed a detailed representation before the Director General - cum - Inspector General of Police which is said to have been disposed of by the impugned order. 4. Learned counsel for the petitioner submitted that the petitioner was promoted to the post of Assistant Sub - Inspector of Police (ASI) with effect from 2.1.1969 and thereafter he was confirmed on 1.3.1975. Thereafter he was given officiating promotion to the post of Sub - Inspector of Police with effect from 26.6.1971 and was confirmed in the cadre of Sub - Inspector of Police with effect from 1.3.1981 and there after he completed his training courses in Police Training College. Learned counsel, therefore, submitted that earlier order passed by this Court was not carried out in its true terms and spirit not the Director General of Police recorded a finding as to whether the petitioner was given promotion on officiating basis to the pose of Sub - Inspector of Police. 5. If the assertion made in the writ application is correct then the petitioner ordinarily would be eligible for promotion to the post of Sub - Inspector of Police and accordingly he was promoted. 5. If the assertion made in the writ application is correct then the petitioner ordinarily would be eligible for promotion to the post of Sub - Inspector of Police and accordingly he was promoted. However, from the order as contained in annexure - 1 it appears that the petitioner was not a confirmed Assistant Sub - Inspector of Police (ASI) end he was promoted to the post of Sub - Inspector of Police in violation of the rules. 6. No counter affidavit has been filed on behalf of the respondents and in this view of the matter, it would not be appropriate for this Court to issue any positive direction. 7. However, in the background of the case, the Director General - cum - Inspector General of Police, is directed to re - consider the matter afresh and pass necessary orders In accordance with law within a period of three months from the date of receipt/production of a copy of this order. 8. With this direction/observation, this writ application is disposed of.