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2016 DIGILAW 1084 (JHR)

Binod Shankar Mishra, Son of Late Dharmdeo Mishra v. State of Jharkhand

2016-07-19

ANANDA SEN

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ORDER : The petitioner has prayed for a direction from this court to consider the case of promotion of the petitioner in Senior Selection Grade as well as Joint Secretary, Additional Secretary and Special Secretary, on the ground that his juniors have already been promoted, without considering his case. 2. The petitioner was appointed by the State of Bihar in the year, 1981 as Deputy Collector. After bifurcation of the State of Bihar, he was allotted the Jharkhand Cadre. 3. A First Information Report was lodged against this petitioner, which was registered as Bashisth Nagar P.S. Case No. 40 of 1996 for allegedly committing an offence under Sections 409, 161, 420, 467, 468 & 120-B of the I.P.C. read with section 7/13 of the Prevention of Corruption Act. 4. Charge-sheet was submitted against the petitioner in the said case, and after framing of charges, he was put on trial in Special Case No. 14 of 2005, in the court of Special Judge, Anti Corruption Bureau. After trial, vide judgment dated 11.01.2016, the court of Special Judge, Anti Corruption Bureau, Palamau at Daltonganj, in Special Case No. 14 of 2015, acquitted the petitioner. 5. The petitioner claims that after his acquittal his case was not considered, though he was entitled to be considered for promotion. It has further submitted that the Departmental Promotion Committee held its meeting on 06.08.1998 for promotion in the Junior Selection Grade, in which the promotion of the petitioner was kept pending for character verification, keeping the post reserved. He further submits that because of the criminal case, he was denied promotion, for which he approached the Hon’ble Jharkhand High Court, vide W.P.(S) No. 5459 of 2003 which was disposed of vide order dated 21st March, 2012. The Hon’ble High Court while disposing the said writ application directed the respondents to re-consider the case of the petitioner for promotion in the Junior Selection Grade w.e.f. 20.08.1997 as juniors to the petitioner have been promoted and also in Senior Selection Grade which is equivalent to Additional Collector w.e.f. 19.05.2005. The petitioner claims that pursuant to the said order the petitioner was promoted in the Junior Selection Grade, but his promotion to the Senior Selection Grade was not considered on the ground of pendency of the criminal case. The petitioner claims that pursuant to the said order the petitioner was promoted in the Junior Selection Grade, but his promotion to the Senior Selection Grade was not considered on the ground of pendency of the criminal case. The petitioner further submits that admittedly the criminal case ended in acquittal and thus, the petitioner is entitled to be considered for promotion in the Senior Selection Grade. He submits that his juniors namely, Baleshwar Singh (serial No. 2040/91) has already been promoted in the Senior Selection Grade, as Joint Secretary, Additional Secretary and thereafter in the I.A.S cadre, whereas the petitioner (whose name at serial no. 2037/91) has not been considered, just because of pendency of the criminal case. He further submits that his other juniors, namely, Dinesh Chandra Mishra, Vinod Shankar Singh and Ramesh Kumar Dubey whose name has appeared in sl. No. 10, 18 and 56, have already promoted in I.A.S. Cadre. 6. In this writ petition, the petitioner is only praying for consideration of his case for promotion, on the ground that the criminal case which was instituted against the petitioner, has ended in his acquittal. 7. It is admitted that the criminal case was instituted against the petitioner. It is also admitted that the criminal case against the petitioner has ended in his acquittal. 8. When the criminal case against the petitioner has ended in acquittal, there is no impediment to consider the case of the petitioner, for grant of promotion in the next Higher Grade/Post/Scale, which the petitioner is entitled too. Further, since the petitioner has claimed that his juniors have already been promoted to a higher post, his case, after his acquittal, should have been considered by the respondents. It is well settled that an employee has got no right to be promoted, but he definitely has a right to be considered. 9. The claim of the petitioner for promotion to the higher post/scale needs to be considered by the respondent authorities, more so, when the juniors of the petitioner has already been promoted, and the criminal case ended in acquittal. 10. Thus, I direct the respondents to immediately consider the claim of the petitioner for promotion to the next Higher Grade/Post/Scale, if there is no other legal impediment against the petitioner. The case of the petitioner should be placed before the Departmental Promotion Committee in its next meeting. 10. Thus, I direct the respondents to immediately consider the claim of the petitioner for promotion to the next Higher Grade/Post/Scale, if there is no other legal impediment against the petitioner. The case of the petitioner should be placed before the Departmental Promotion Committee in its next meeting. The Committee should consider the case of the petitioner and will pass a necessary order. 11. The order should be passed keeping in view that the petitioner has been acquitted in the criminal case instituted against him and his juniors have already been promoted. Necessary orders should be passed to that effect by the Departmental Promotion Committee and the same should be communicated to the petitioner. 12. With this said observations and directions, this writ application is disposed of.