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2019 DIGILAW 1148 (JHR)

Keshav Kumar v. State of Jharkhand

2019-06-17

SANJAY KUMAR DWIVEDI

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ORDER : 1. In spite of repeated call, none appeared for the petitioner. Mr. Arbind Kumar, appears for the respondents-State. 2. The present writ petition has been filed for direction upon the respondents to consider the case of the petitioner for promotion with retrospective effect i.e. from the date his juniors have been promoted. 3. The petitioner joined as Sergeant in police department in the erstwhile State of Bihar on 15.06.1984. After bifurcation of State of Jharkhand, he was allotted Jharkhand Cadre and remained posted in Police Training College, Hazaribagh in the State of Jharkhand. Thereafter, the petitioner was posted in the district of Dhanbad from 2004 to 2007 and from 2007 he remained posted in Ramgarh till 2009. In the year 2001, an F.I.R was lodged against the petitioner for involvement in misappropriation of goods from Central Store, Bhagalpur in the year 1994-97. By passage of time, the batchmates of the petitioner was granted promotion but case of the petitioner was not considered on the ground there was adverse remark in the ACR of the petitioner. Again in 2009, a Board was held for promotion but his case was not considered. In the writ petition, it is further averred that pendency of criminal case cannot be a ground for withholding promotion. 4. Learned counsel for the State submits that case of the petitioner was considered for promotion but due to adverse remarks in his A.C.R. he was not found fit for promotion. Case of the petitioner was also considered in the year 2011 but due to major punishment awarded to the petitioner as well as adverse entry made in the A.C.R. the petitioner was not found fit for promotion. 5. Considering the above facts, this Court find no ground for interference. Accordingly, the writ petition stands dismissed.