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2018 DIGILAW 489 (JHR)

Diwakar Chandra Jha v. State of Jharkhand

2018-02-26

S.N.PATHAK

body2018
JUDGMENT : 1. The petitioner has approached this Court with a prayer for quashing/setting aside letter dated 23.02.2017 by which the meeting of the Departmental Promotion Committee has been adjourned without assigning any reason. Further prayer has been made for mandamus upon the respondents to call for meeting of the Departmental Promotion Committee. 2. The petitioner was appointed as Auditor in the year 1983 and further promoted to the post of Audit Officer. The respondents framed a Cadre Rule on 30.01.2012 in exercise of power under Article 309 of the Constitution of India known as Jharkhand Auditor Cadre Rule, 2011. As per the Rule-4 (Kha), the post of Controller of Accounts shall be filled up by promotion and according to Rule-7, all vacancies shall be notified each year by 31st December. On 20.08.2015, he was promoted to the post of Deputy Controller of Accounts vide order dated 20.08.2015 and the name of petitioner appeared at Sl. No. 6 of the said promotion list. The petitioner is duly qualified and fulfills all the criteria including the Kalawadhi of one year for being considered for promotion to the post of Controller of Accounts. On 07.02.2017, JPSC requested the respondent No.2 to send the names of the eligible candidates for promotion to the post of Controller of Accounts. Thereafter, on 23.02.2017, the respondents forwarded the entire records and names of eligible candidates after getting clearance from Vigilance Department and service records of last 5 years along with chart in which the name of the petitioner is standing at Sl. No.3. It is specific case of the petitioner that all of sudden on the same day i.e. 23.02.2017, the respondents vide letter No. 71 dated 23.02.2017 intimated the Jharkhand Public Service Commission to cancel the holding of the meeting of the Departmental Promotion Committee without giving any cogent reason and no date has been fixed for holding the fresh meeting of Departmental Promotion Committee. Aggrieved thereto, the petitioner represented before the respondent but the respondents are sitting tight over the matter and no orders have been passed on the pending representation of the petitioner. Hence, the petitioner has been compelled to knock the door of this Court. 3. Mr. Anil Kumar Sinha, Sr. Advocate assisted by Mr. Aggrieved thereto, the petitioner represented before the respondent but the respondents are sitting tight over the matter and no orders have been passed on the pending representation of the petitioner. Hence, the petitioner has been compelled to knock the door of this Court. 3. Mr. Anil Kumar Sinha, Sr. Advocate assisted by Mr. Kumar Harsh, learned counsel appearing on behalf of the petitioner submits that though Departmental Promotion Committee is suppose to hold every year for considering the promotion from the post of Deputy Controller to Controller of Accounts, the respondents have illegally and arbitrary shifted the date of holding the DPC without assigning any valid and cogent reasons. Learned Sr. Counsel further argues that vigilance clearance has been taken by the Department then, DPC was to be held but subsequently, the meeting of DPC was adjourned without fixing next date for holding DPC and without mentioning any ground, which is not tenable in the eyes of law. Learned Sr. counsel further argues that every year the vacancies are to be notified by 31st December and accordingly, DPC is held every year. But this time meeting of the DPC has been adjourned sine-die without assigning any reason, which is clear cut violation of Rules. 4. On the other hand, Mr. Sanjay Piprawall, learned counsel appearing on behalf of the JPSC-respondent very fairly submits that as and when Commission receives recommendation for fixing of date, the same shall be fixed in accordance with law. 5. Mrs. Nilam Tewary, learned counsel appearing on behalf of the respondent-State submits that no counter-affidavit affidavit has been filed but same is ready, which may be taken on record/board. Learned counsel by justifying the impugned letter dated 23.02.2017 submits that department has put the petitioner's name along with other candidates in the promotional consideration list after considering the Kalawadhi. Learned counsel further argues that the case of the petitioner has already been considered and steps are being taken for fixing date to hold DPC and department is always trying its best to conduct the DPC meeting at the earliest. In this regard, Department has requested to Cabinet (Vigilance) Department to issue a vigilance clearance certificate of candidates, but clearance certificate is not received till date and as soon as it is received, department will request Jharkhand Public Service Commission for fixation of date of DPC meeting. 6. In this regard, Department has requested to Cabinet (Vigilance) Department to issue a vigilance clearance certificate of candidates, but clearance certificate is not received till date and as soon as it is received, department will request Jharkhand Public Service Commission for fixation of date of DPC meeting. 6. Counter-affidavit dated 26.02.2018 is taken on Board and office is directed to get it registered. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that the case of the petitioner has already been considered by the respondents and steps are being taken for fixing date for holding of DPC. Already a year has been passed since last DPC meeting and as such, I hereby direct the respondent Nos. 2, 3 and 4 to take immediate steps for fixing and holding DPC meeting for consideration of promotion of the petitioner from the post of Deputy Controller to Controller of Accounts. Let the entire exercise be completed within a period of eight weeks from the date of receipt of a copy of this order and respondents shall fix a particular date for holding DPC meeting within aforesaid period and same shall be communicated to the petitioner. 7. With the aforesaid observations and directions, the writ petition stands disposed of.