PRITHAWI NATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS contempt petition arises from CWJC No. 1120 of 1998(R) By order dated 30.3.99 passed in the case the respondents have been directed to consider the case of the petitioner for his out of turn promotion to the post of Deputy Superintendent of Police with effect from the date his junior has been promoted.

(2.) THOUGH the jurisdiction of this Court in contempt proceeding is rather limited and the Court is not supposed to go behind the orders passed in the connected case, having regard to the fact that the respondents may not be held to be guilty of contempt for disobeying a wrong order, in the facts of the case. I called upon the counsel to satisfy the Court that the direction of the kind could be issued. In other words, whether it is permissible to the Court to direct the State Government to consider the case of an Inspector of Police for his out -of turn promotion to the post of Dy. S.P. Counsel accordingly made his submissions.

(3.) UNDISPUTEDLY there are two modes of appointment to the post of Dy. S.P., one by direct recruitment and the other by promotion. Rule 645 refers to appointment in accordance with the rules contained in Appendix 71. Appendix 71 of the third volume of the Manual contains rules with respect to both direct recruitment and promotion. While Part I of the Appendix relates to direct recruitment, Part II relates to promotion. Since in this case we are concerned with the question of promotion to the post of Dy. S.P. it would be useful to quote the relevant part of the Rule as under : - 'The Board for promotion shall be presided by Chairman, Bihar Public Service Commission which is called Departmental Promotion Committee, vide Department of Personnel, Government of Bihar resolution no. 22576 dated the 27th November 1976 (P.M. Appendix 72). This committee shall nominate Inspectors in twice the number of vacancies to be filled by promotion. The names of nominated Inspectors shall be arranged generally in order of seniority and if any Officer is placed above in the list than his seniority warrants, the reasons for special nomination shall be recorded. Before the Committee holds its meeting, the Inspector General shall send all concerned papers of candidates including the confidential records to Public Service Commission. The I.G. shall send entire papers and confidential records of such Officiers also who are being superseded. After scrutiny of papers, the Commission shall send its recommendation to the State Government. The State Government shall take decision only on this." It would be also useful to notice Rule 646 and Rule 724A (so far as relevant) as under : - "646. Promotion of inspectors and Reserve Inspectors. ''The promotion of Inspectors including Reserve Inspectors of District armed police and equivalent ranks of Bihar Armed Police to the rank of Deputy Superintendent will be made by Government on the recommendation of a Selection Board consisting of Chairman, Bihar Public Service Commission as Chairman and Inspector -General and others as members as given in Appendix 72 (see Rule 724A) "724A. Promotion of Inspectors (including Reserve Inspectors). '' (i) The promotion of Inspectors (including Reserve Inspectors) to the rank of Deputy