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2018 DIGILAW 734 (JHR)

Ajit Kumar Singh v. State Of Jharkhand

2018-04-03

PRAMATH PATNAIK

body2018
JUDGMENT Pramath Patnaik, J. – In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to consider the case of the petitioner for promotion on the post of Inspector of Police with retrospective date i.e. from the date when the batch-mates of the petitioner has been promoted with all consequential benefits. 2. Heard Mr. Shresth Gautam, learned counsel for the petitioner and Mr. Atanu Banerjee, learned G.A for the respondents. 3. Learned counsel for the petitioner submitted that the petitioner was all along eligible to be considered for promotion to the post of Inspector of Police but only because of the reason that service book of the petitioner went missing by the Department, he was not promoted whereas his batch-mates and even juniors to the petitioner have been granted promotion. It has further been submitted that it is the Department, who is custodian of the Service Book of the employee and the employee has no access over it. Hence, the petitioner cannot be deprived of his promotion as well as other consequential benefits due to latches on the part of the respondents-authorities. 4. Mr. Atanu Banerjee, learned G.A referring to statement made at paragraphs 16 and 17 of the counter affidavit submitted that now the service book of the petitioner has been reconstructed and has been sent to Special Branch, Jharkhand, Ranchi for perusal. It has further been submitted that after scrutiny of the service records, the case of the petitioner for promotion to the rank of Inspector of Police will be considered, but, at present there is some legal impediment due to the order passed in Division Bench of this Court on the issue of "reservation in promotion". 5. On this, learned counsel for the petitioner replied that petitioner falls under unreserved/general category and even his name also reflects at serial no. 49 and in general category his seniority list is 206. Under such circumstances, there is no legal embargo for granting promotion to the petitioner. 6. Admittedly, at the relevant point of time, the petitioner was denied promotion solely on the ground that his service book is misplaced, however, now the same has been reconstructed. 49 and in general category his seniority list is 206. Under such circumstances, there is no legal embargo for granting promotion to the petitioner. 6. Admittedly, at the relevant point of time, the petitioner was denied promotion solely on the ground that his service book is misplaced, however, now the same has been reconstructed. In the case at hand, it appears that it is Department, who is supposed to be the custodian of the service book of the employee/officials, has misplaced the service of the petitioner, hence, the delay and latches are attributable to the Department. But, for no fault of the petitioner, he had to suffer a lot and has been denied to enjoy the fruit of promotion. 7. For the reasons aforesaid, the respondents are directed to consider the case of petitioner for promotion on the post of Inspector of Police from the date when his batch-mates/juniors have been promoted, with all consequential benefits, if there is no other legal impediment, and complete the entire exercise within a period of four months from the date of receipt/production of copy of this order. 8. With the aforesaid observations and directions, the writ petition stand allowed.