LAWS(SC)-2000-4-91

STATE OF BIHAR Vs. KAMESHWAR PRASAD SINGH

Decided On April 27, 2000
STATE OF BIHAR Appellant
V/S
KAMESHWAR PRASAD SINGH Respondents

JUDGEMENT

(1.) The respondents Brij Bihari Prasad Singh and Kameshwar Prasad Singh and one Ramjas Singh were directly recruited as Sub-Inspectors of Police on 2-1-1966. Brij Bihari Prasad Singh was promoted as Inspector of Police on officiating basis on 16-7-1971 with a clear stipulation that he will not get seniority in the rank of Inspector till selected by the IG's Board. Consequently he actually joined on 22-7-1971. Ramjas Singh was promoted as Inspector on 8-7-1972 in terms of Rule 660(c) of the Bihar Police Manual Rules (hereinafter referred to as "the Rules") as he had been awarded gallantry award. On 2-7-1978 Brij Bihari Prasad Singh was promoted as Inspector after selection under Rule 649 and was confirmed as such on 1-4-1982. The aforesaid respondent filed Writ Petition No. 6873 of 1990 in the High Court of Patna praying for direction to the respondents therein to consider his case for promotion to the post of Dy. SP treating his date of promotion to the post of Inspector of Police as 27-7-1971, the date when he joined as Inspector of Police consequent upon his initial promotion on officiating basis. The aforesaid writ petition was disposed of by the High Court on 30th November, 1990 directing Brij Bihari Prasad Singh to file representation and the petitioner-State to dispose of the same within three months. On 14-5-1991 the Director General of Police directed seniority of the aforesaid respondent in the rank of Inspector to be reckoned with effect from 27-7-1971. However, on 13-4-1993 the DGP modified the aforesaid order and directed confirmation of Brij Bihari Prasad Singh in the rank of Inspector with effect from 2-7-1978 when he was substantively promoted under Rule 649 of the Rules and placed him at Sl. No. 86 Ka in the seniority list of Inspectors. Feeling aggrieved, the aforesaid respondent filed Writ Petition No. 4108 of 1991 in the High Court which was allowed on 8-4-1994 with a direction of reckoning his seniority as Inspector with effect from 27-7-1971 and grant of all consequential benefits to him. As the directions were not complied with, contempt petition being MGC No. 1360 of 1994 was filed in the High Court and according to the petitioners the order of the High Court passed in Writ Petition No. 4108/91 was implemented allegedly under the threat of contempt.

(2.) Ramjas Singh who was promoted as Inspector out of turn on the basis of gallantry award in terms of Rule 660(c) of the Rules had been promoted as Dy. SP. with effect from 25th October, 1975. Alleging that the aforesaid Ramjas Singh was junior to him, the respondent Brij Bihari Prasad Singh filed Writ Petition No. 697 of 1995 claiming promotion with effect from the date when Ramjas Singh was promoted as Dy. SP. The aforesaid writ petition was allowed on 26th July, 1995 directing promotion of Brij Prasad Singh as Dy. SP with effect from 25th October, 1975. The Letters Patent Appeal filed against the aforesaid judgment was dismissed a Division Bench of the High Court on 22nd March, 1996 vide the judgment impugned in the SLP 12013/98.

(3.) There being delay of 679 days in filing the SLP, the appellants have also filed Application being IA No. 1/98 seeking condonation of delay in filing the SLP. It is submitted in the application that the order of the Division Bench of the High Court could not be challenged earlier allegedly due to the fear of contempt and various coercive orders passed by the High Court against the State and its officials. It is contended that as consequent upon the judgment of the High Court in Brij Bihari Prasad Singh's case, a number of writ petitions have been filed in the High Court of Patna for the grant of similar benefits, the State had no option left except to approach this Court. It is contended that the judgment impugned has been passed in violation of the provisions of law and the rules applicable and it has become a havoc in the Department and Government is facing great trouble in compliance of such type of directions for conferment of uncalled for benefits. It is submitted that if the impugned judgment is not rectified or set aside, the interests of more than 250 officers would be adversely affected. By promoting Brij Bihari Prasad Singh a number of senior officers are stated to have already superseded for no fault of theirs. If promotions are given in terms of the directions of the High Court, the same is likely to upset the entire cadre of Dy. SP of Police as well as Inspectors of Police in the State of Bihar. If not stopped, the consequence would be uncalled for litigation with heavy financial burden upon the State.