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2020 DIGILAW 1128 (JHR)

Haribansh Pandit, son of Sri Tuplal Pandit v. State of Jharkhand through the Chief Secretary, Government of Jharkhand

2020-12-02

SANJAY KUMAR DWIVEDI

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JUDGMENT : 1. Heard Mrs. Ritu Kumar, learned counsel for the petitioner and Mr. Ravi Kerkeeta, learned counsel for the respondent-State. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard on merit. 3. The petitioner has preferred this writ petition for direction to the respondents to consider and grant promotion to the petitioner with all consequential benefits w.e.f. 03.09.2015. 4. Mrs. Ritu Kumar, learned counsel appearing for the petitioner submits that the petitioner has earlier moved this Court in W.P. (S) No. 584 of 2018, which was disposed of by this Court vide order dated 11.09.2019. The petitioner was appointed on the post of Deputy Collector by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi vide letter dated 20.06.2006. The service of the petitioner was confirmed in the year 2009. A departmental proceeding was initiated against the petitioner, in which, punishment of censure for a period of one year i.e. from 03.09.2014 to 02.09.2015 has been imposed against the petitioner. She further submits that in the meeting of the Departmental Promotion Committee dated 06.07.2015, juniors to the petitioner were promoted and the case of the petitioner was not considered for promotion citing the reason that currency of a punishment of censure was in force. She also submits that in paragraph 6 of the earlier writ petition being W.P. (S) No. 584 of 2015, this Court observed that “the punishment of censure regarding the present petitioner has lost its effect after a year i.e. 03.09.2015 and as such, the present petitioner is also fit for consideration for promotion to the higher post”. Thus, observation was already there that the punishment of censure upon the petitioner ended on 02.09.2015 and the petitioner is found eligible for promotion to the higher post. She further submits that thereafter the meeting of the Departmental Promotion Committee was held on 25.04.2019 and the petitioner was found eligible for promotion. In the meeting of the Departmental Promotion Committee, the case of five persons were considered. So far as petitioner nos. She further submits that thereafter the meeting of the Departmental Promotion Committee was held on 25.04.2019 and the petitioner was found eligible for promotion. In the meeting of the Departmental Promotion Committee, the case of five persons were considered. So far as petitioner nos. 1 to 4 of the earlier writ petition are concerned, specific date of their promotion has been indicated and so far as petitioner no.5 of the earlier writ petition i.e. the present petitioner is concerned, only it has been observed that he is eligible. She further submits that in view of the fact that the punishment of censure upon the petitioner has lost its effect w.e.f. 03.09.2015, the petitioner is also entitled for promotion with effect from the date as has been done in the case of petitioner nos. 1 to 4 of the earlier writ petition. 5. Mr. Ravi Kerketta, learned counsel for the respondent-State submits that due to currency of the punishment, the petitioner was not eligible for promotion w.e.f. 03.09.2015. He further submits that in the meeting of the Departmental Promotion Committee dated 25.04.2019, other persons along with the petitioner were found eligible for promotion. 6. This Court has perused notification of the Departmental Promotion Committee held on 25.04.2019, contained in Annexure-6 of the writ petition. It transpires that juniors to the petitioner have been promoted, whereas, the case of the petitioner has not been considered for promotion in view of the observation made by this Court in earlier writ petition being W.P. (S) No. 584 of 2018. The punishment of censure upon the petitioner has lost its effect on 03.09.2015. The petitioner is also entitled for promotion with effect from the date as has been in the case of petitioner nos. 1 to 4 of earlier writ petition being W.P. (S) No. 584 of 2018. Accordingly, the respondent-State is directed to rectify anomaly in the said notification of the Departmental Promotion Committee and grant promotion to the petitioner w.e.f. 03.09.2015, the date on which the punishment of censure has lost its effect, which has also been indicated in the order passed by this Court dated 11.09.2018 in earlier writ petition being W.P. (S) No. 584 of 2018. So far as consequential benefits are concerned, the case of the petitioner shall also be governed in terms of Clause-II of the letter dated 27.05.2019, contained in Annexure-7 of the writ petition. So far as consequential benefits are concerned, the case of the petitioner shall also be governed in terms of Clause-II of the letter dated 27.05.2019, contained in Annexure-7 of the writ petition. This exercise shall be completed within a period of eight weeks from the date of receipt/production of a copy of this order. 7. With the aforesaid observation and direction, this writ petition stands disposed of.