KRISHNA MURARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER , who is a Sergeant Major in the Police Service under Government of Bihar, has prayed for quashing of minutes of the D.G. Selection Board dated 16.10.1996 communicated through a memo dated 14.11.1996 contained in Annexure -11 whereby, pursuant to an earlier order of this Court dated 27.11.1995 passed in a writ petition filed by the petitioner bearing C.W.J.C. No. 3450 of 1995, the petitioner has been confirmed on the post of Sergeant Major with effect from 29.5.1988 and thereafter by the same decision he has been declared unfit for promotion to the post of Dy. S.P. in view of alleged unsatisfactory service record and has been, therefore, superseded.

(2.) ALTHOUGH in the writ petition petitioner had raised two grievances, one with regard to date of his confirmation which, according to him, should not have been with effect from 29.5.1988, but with effect from the date his juniors have been so confirmed and the second against denial of promotion to the post of Dy. S.P., but in course of arguments, learned Counsel for the petitioner accepted that the decision to confirm the petitioner on the post of Sergeant Major with effect from 29.5.1988 was in accordance with observations and directions of this Court contained in order dated 27.11.1995 (Annexure 8) passed by this Court while disposing of his earlier writ petition. With regard to the only remaining grievance concerning denial of promotion to the petitioner, learned Counsel for the petitioner submitted that the petitioner has been found unfit and superseded only on account of two adverse materials in his service record. One such material was a punishment, of withholding of increment for a period of six months, equivalent to a black mark awarded by order Of punishment No. 421/88 arising out of proceeding Nos. 14/85 and 15/85. With regard to said order of punishment this Court had held vide order contained in Annexure -8 that the adverse affect of the order of punishment No. 421/88 would cease to have any effect since May 1988 because the period of alleged incident was prior to May 1985 and on that basis, it was held that the respondents cannot deny confirmation of the petitioner on the basis of order No. 421/88 after May 1988. The aforesaid order of this Court and finding by this Court in the said order has been accepted by the respondents and accordingly, the petitioner has been confirmed by the impugned order on the post of Sergeant Major with effect from 29th May 1988. According to learned Counsel for the petitioner, once the respondents have accepted that the order No. 421/88'ceased to have any effect after May, 1988, it was not fair, proper and permissible for them to take the same material and on that basis held the petitioner unfit for promotion in their meeting held for the purpose on 10.10.1996.

(3.) THUS , the submission of learned Counsel for the petitioner is that there is no adverse material in the service record of the petitioner which can be legally made a basis to supersede the petitioner in the matter of promotion to the post of Dy. S.P.