Mukhdeo Mahto S/o Late Ram Prit Mahto v. State of Jharkhand
2022-10-19
RAVI RANJAN, SUJIT NARAYAN PRASAD
body2022
DigiLaw.ai
ORDER : I.A. No. 10974 of 2019 1. The instant Interlocutory Application has been filed for amendment by way of insertion in the prayer portion of writ petition at paragraph 1 as prayer no. (iv) as also pleadings made in this regard in the writ petition as made under paragraph nos. 32 to 37. 2. The amendment in prayer, as mentioned in the Interlocutory Application, reads as under: “For issuance of appropriate writ/order/direction for quashing/setting aside the District Order No. 5589/2019 dated 23.11.2019 passed by Respondent No. 5, wherein petitioner has been reverted from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Constable without due application of mind and without giving due opportunity of hearing to the petitioner.” 3. Learned counsel for the petitioner submitted that after filing of the instant writ petition the respondent no. 5-Senior Superintendent of Police, Ranchi passed order dated 23.11.2019 by which the petitioner has been reverted from the post of Assistant Sub-Inspector of Police to the post of Constable without following the principles of natural justice. Learned counsel further submits that the present amendment petition has been filed to avoid the multiplicity of proceedings and the proposed amendment will not change the nature of the writ petition. 4. Learned counsel for the respondents-State does not raise objection to the prayer for addition of the prayer as also pleading made to that effect in the writ petition. 5. This Court, taking into consideration the submissions advanced by learned counsel for the parties as also considering the fact that order dated 23.11.2019, by which the petitioner has been reverted from the post of Assistant Sub-Inspector to Constable, has been passed during pendency of the writ petition, deems it fit and proper to allow the instant Interlocutory Application in order to avoid multiplicity of proceeding. Accordingly, the instant amendment petition (Interlocutory Application being I.A. No. 10974 of 2019) is allowed. Since the amended writ petition has already been filed by the petitioner, the same is accepted. W.P. (S) No. 6048 of 2019 6. The matter is being considered for its final disposal on the consent given by the parties.
Accordingly, the instant amendment petition (Interlocutory Application being I.A. No. 10974 of 2019) is allowed. Since the amended writ petition has already been filed by the petitioner, the same is accepted. W.P. (S) No. 6048 of 2019 6. The matter is being considered for its final disposal on the consent given by the parties. The instant writ petition has been filed under Article 226 of the Constitution of India for quashing Memo No. 9526 dated 25.10.2019 issued by the Senior Superintendent of Police, Ranchi by which the petitioner has been directed to show cause as to why he may not be reverted from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Writer Constable and for quashing the order as contained in Memo No. 1044/P dated 15.10.2019 by which respondent no. 4-Deputy Inspector General of Police (Personnel) has passed order issuing direction for reverting the petitioner from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Writer Constable; as also for quashing of District Order No. 5589/2019 dated 23.11.2019 passed by respondent no. 5-the Senior Superintendent of Police, Ranchi by which the petitioner has been reverted from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Constable. Further prayer has been made for declaring letter dated 26.02.2015 and 01.06.2015, by which recognition of the degree awarded by Hindi Vidyapith, Deoghar has been cancelled by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, to be not applicable in the case of the petitioner. 7. The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated read as hereunder: The petitioner was initially appointed on the post of Constable on 15.03.1997. During course of service, the petitioner after taking necessary permission from the department completed matriculation from Hindi Vidyapith, Deoghar in the year 2002. After completing matriculation, he appeared for competitive examination conducted for promotion to the post of Assistant Sub-Inspector as also participated in required training for the said post in which he was declared successful. Pursuant thereto, in terms of Rule 661 of the Jharkhand Police Manual, the petitioner on successfully passing the competitive examination was designated as Writer Constable and became eligible for being promoted to the post of Assistant Sub-Inspector.
Pursuant thereto, in terms of Rule 661 of the Jharkhand Police Manual, the petitioner on successfully passing the competitive examination was designated as Writer Constable and became eligible for being promoted to the post of Assistant Sub-Inspector. In due course of time, the case of the petitioner was considered for promotion and was promoted to the post of Assistant Sub-Inspector vide order as contained in Memo No. 991/P dated 12.09.2018. Pursuant thereto, the petitioner gave his joining on the said post and started to discharge his duty. It is the case of the petitioner that all of a sudden a show cause notice as contained in Memo No. 9526 dated 25.10.2019 was issued by the office of Senior Superintendent of Police, Ranchi as to why the petitioner be not reverted from the post of Assistant Sub-Inspector of Police to the post of Writer Constable, giving reference of order as contained in Memo No. 1044/P dated 15.10.2019 by which respondent no. 4-Deputy Inspector General of Police (Personnel) has passed order issuing direction for reverting the petitioner from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Writer Constable as also giving reference of letters dated 26.02.2015 and 01.06.2015, by which recognition of the degree awarded by Hindi Vidyapith, Deoghar has been cancelled w.e.f. 26.06.2014. Aggrieved thereof, the petitioner approached this Court by filing the instant writ petition. However, after filing the instant writ petition, respondent no. 5-Senior Superintendent of Police, Ranchi passed an order as contained in District Order No. 5589/2019 dated 23.11.2019 by which the petitioner has been reverted from the post of Assistant Sub-Inspector to the post of Constable, which the petitioner has challenged by way of filing amendment petition (I.A. No. 10974 of 2019). 8.
5-Senior Superintendent of Police, Ranchi passed an order as contained in District Order No. 5589/2019 dated 23.11.2019 by which the petitioner has been reverted from the post of Assistant Sub-Inspector to the post of Constable, which the petitioner has challenged by way of filing amendment petition (I.A. No. 10974 of 2019). 8. At the outset, learned counsel for the petitioner has submitted that in batch of writ petitions, being W.P. (C) No. 3115 of 2015 and analogous cases and W.P. (S) No. 6373 of 2013, similar issue was raised challenging notification/order dated 26.02.2015 and 01.06.2015, which was disposed of by this Court in terms of order passed by the Full Bench of the Patna High Court in the case of Ramashankar Patel and Others vs. State of Bihar and Others in Civil Writ Jurisdiction Case No. 11255 of 2016 and Civil Writ Jurisdiction Case No. 3828 of 2015, by which, the degree of ‘Praveshika’ ‘Sahitya Bhushan’ and ‘Sahitya Alankar’ issued by the Hindi Vidyapith, Deoghar has been held valid up-to 26.02.2015. It has further been submitted that in the case in hand, the petitioner is aggrieved by the order of reversal from the post of Assistant Sub-Inspector to the post of Writer Constable on the strength notification/order dated 26.02.2015 and 01.06.2015. Therefore, prayer has been made that the instant writ petitions may also be disposed of in terms of order passed in W.P. (C) No. 3115 of 2015 and analogous cases and, W.P. (S) No. 6373 of 2018. 9. Learned counsel appearing for the respondents-State does not dispute the judgment rendered in W.P. (C) No. 3115 of 2015 and analogous cases, and, W.P. (S) No. 6373 of 2018. 10. In view of specific submissions advanced by learned counsel for the parties, this Court deems it fit and proper to dispose of the present writ petition in terms of order dated 10.05.2022 passed in W.P. (C) No. 3115 of 2015 and analogous cases and order dated 11.05.2022 passed in W.P. (S) No. 6373 of 2018. 11. Accordingly, this Court holds that the degree of ‘Praveshika’ ‘Sahitya Bhushan’ and ‘Sahitya Alankar are valid up-to 26.02.2015. 12.
11. Accordingly, this Court holds that the degree of ‘Praveshika’ ‘Sahitya Bhushan’ and ‘Sahitya Alankar are valid up-to 26.02.2015. 12. Resultantly, the decision as contained in Memo No. 9526 dated 25.10.2019, by which the petitioner has been directed to show cause as to why he may not be reverted from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Writer Constable, and the order as contained in Memo No. 1044/P dated 15.10.2019 by which respondent no. 4-Deputy Inspector General of Police (Personnel) has passed order issuing direction for reverting the petitioner from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Writer Constable; as also District Order No. 5589/2019 dated 23.11.2019 by which the petitioner has been reverted from the post of Assistant Sub-Inspector of Police (A.S.I.) to the post of Constable, are hereby quashed and set aside, so far case of present petitioner is concerned. 13. In consequence thereof, the petitioner is directed to approach before the respondents-authorities within a period of six weeks from the date of receipt of copy of this order for consequential benefit. Upon receipt/production of such order, the respondents-authorities shall take appropriate decision in accordance with law and on examining the facts of writ petitioner preferably within a period of three months from the date of receipt/production of copy of this order. Needless to say that if the writ petitioner is found eligible, the benefits shall be granted within further period of three months from the date of such decision. However, in case of any adverse decision, the same shall be communicated to the petitioner within the aforesaid period. 14. With the aforesaid observations and directions, the writ petition stands allowed to the aforesaid extent.