SURENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the same order dated 3rd November, 1999 passed by a learned Single Judge of this Court in CWJC No. 4235 of 1998 by which he has quashed the notification dated 7.8.1998 passed by the Superintendent of Police, Bokaro reverting the appellant of LPA No. 1602 of 1999 from the post of Assistant Sub -Inspector of Police (For short, ASI) to the post of Constable, which has been annexed as Annexure -6 to the writ application and has further directed that if his case is similar to the case of Sabir Ahmad Khan who is alleged to have been confirmed on the post of ASI then the same benefit is to be extended to him. However, the learned Single Judge has rejected the claim of the appellant for confirmation and seniority on the post of ASI with effect from the date of his officiation on that post i.e. 1.10.1980.

(2.) FOR the sake of convenience, Surendra Prasad Singh will be hereinafter referred to as the appellant and the State of Bihar as the respondent. The Respondent is aggrieved by that part of the order of the learned Single Judge quashing the order of reversion by which the appellant has been reverted from the post of ASI to the post of Constable and directing the respondents to consider his case like Sabir Ahmad Khan. The appellant is aggrieved by that part of the order by which his claim for counting seniority from the date of his officiation on the post of Assistant Sub -Inspector of Police has been rejected.

(3.) DURING the pendency of the writ application, the Superintendent of Police, Bokaro issued an order dated 7.8.1999 reverting him from the post of ASI to the post of Constable which has been annexed as Annexure -6 to the amendment petition which was allowed by the Court. In the said amendment application, the appellant stated that he and one Sabir Ahmad Khan were promoted as ASI at the same time but the said Sabir Ahmad Khan has been confirmed on the post of ASI and promoted to the post of Sub -Inspector of Police, but he has been discriminated in the matter by not providing the same benefit.