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Jharkhand High Court · body

2008 DIGILAW 726 (JHR)

Md. Anwarul Haque v. State of Jharkhand

2008-07-15

AMARESHWAR SAHAY

body2008
ORDER Amareshwar Sahay, J. 1. Heard the parties and with their consent this writ application is being disposed of at this stage itself. 2. In this writ application the petitioner has prayed for quashing of the order dated 26.8.2004 contained in Annexure-9 issued under the signature of the Director General of Police (Headquarter) Bihar, Patna, by which the claim of the petitioner for 'out of turn' promotion from the post of Sub-Inspector of Police to Inspector of Police has been rejected. 3. The grievance of the petitioner is that vide Annexure-9, the claim of the petitioner has been rejected on the ground that in course of combat with the terrorist the petitioner had only lead the team but he did not fire on the terrorist and, therefore, on comparison with the other police officials his performance was not found to be of high standard. It appears that subsequently by issue of Corrigendum contained in Annexure-10. by the office of the Director General of Police (Headquarter), Bihar, Patna it was notified that by mistake it was mentioned that the petitioner had not fired in course of combat, rather he had fired. It is submitted that the rejection of claim of the petitioner for 'out of turn' promotion was made on wrong facts and on non-existent ground. 4. A counter affidavit has been filed on behalf of the respondent No. 3 Director General of Police (Headquarter), Jharkhand, Ranchi. In para 9 thereof it has been stated that the Director General of Police, Bihar, after careful consideration, has rejected the claim of the petitioner by a reasoned order. Nothing has been stated in the counter affidavit about the issuance of Annexure-10, i.e. the subsequent corrigendum issued on 3.5.2005, by which the earlier factual mistake as contained in Annexure-9 was rectified. 5. In this view of the matter, I am of the view that the order dated 26.8.2004, contained in Annexure-9, cannot be sustained since it has not been passed on correct facts. Accordingly, the order dated 26.8.2004 contained in Annexure-9, passed by the Director General Police (Headquarter), Bihar, Patna is hereby quashed. 6. It is stated that the petitioner has now been allocated Jharkhand cadre and he is posted in the State of Jharkhand. Now, the matter for 'out of turn' promotion has to be considered by the State of Jharkhand. Accordingly, the order dated 26.8.2004 contained in Annexure-9, passed by the Director General Police (Headquarter), Bihar, Patna is hereby quashed. 6. It is stated that the petitioner has now been allocated Jharkhand cadre and he is posted in the State of Jharkhand. Now, the matter for 'out of turn' promotion has to be considered by the State of Jharkhand. Accordingly, the petitioner is directed to file a fresh representation before the Director General of Police, (Headquarter), Jharkhand. Ranchi (respondent No. 3) stating in detail about his claim and grievances along with supporting documents, if any, within a period of three weeks from today. If such a representation is filed by the petitioner within the said period of three weeks, the Director General of Police. Jharkhand, Ranchi shall consider the claim and grievances of the petitioner and shall pass an appropriate reasoned order in accordance with law within a period of eight weeks from the date of filing of such representation. 7. With these observations and directions, this writ application is disposed of.