SUBHASH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks direction upon the respondents to grant him out -of -turn promotion to the rank of Assistant Sub -Inspector (ASI) of Police in terms of Rule 660 -C of the Bihar Police Manual. He is presently a Literate Constable working in the Special Branch of the Police Department. The claim for out -of -turn promotion was rejected by the Director -Generals (DG) Board on 31.1.94. The grievance of the petitioner is that one Bindeshwar Singh, whose similar claim based on the same incident had been rejected by the same Board on 31.1.94, was allowed later on 25.3.98 and he has been granted out -of -turn promotion. The claim being similar and based on same incident, the petitioner thus is also entitled to similar promotion. Having regard to the nature of the grievance, Bindeshwar Singh was allowed to be added as respondent by order dated 25.1.2000 and he was accordingly added as respondent No. 4 in the case. Despite service of notice, however, he has chosen not to appear in the case and contest.

(2.) THE case of the petitioner is that on 29.10.92, the car of the Chief Minister was attacked by anti -social elements when he was on tour of Dhanbad district and was on way to Barawada Airstrip. The petitioner along with Bindeshwar Singh and others at the risk of their lives saved the life of the Chief Minister and his entourage. Such an act of bravery entitle him to out -of -turn promotion to the next higher rank.

(3.) FROM the records produced by the State Counsel, it appears that recommendation was made by Sri Ram Naresh Singh, MLA on 29.12.93/4.1.94 to give out of turn promotion to the petitioner and Bindeshwar Singh. Similar recommendation was made by Shri Uday Narayan Choudhary another MLA for out -of -turn promotion to one Ram Bhajan Choudhary ASI of Police on the basis of the same incident. The DG Board, which is competent to grant out -of -turn promotion, considered the claim of as many as 84 persons of various ranks including those of petitioner, Bindeshwar Singh and the said Ram Bhajan Choudhary in its meeting held on 31.1.94 but reject the same. It may be mentioned here that out of them six persons were found fit for out -of -turn promotion while cases of ten others was kept pending. The decision of the DG Board was duly communicated to the persons concerned. It appears that later fresh recommendation was made by Shri Ganesh Shanker Vidyarthi, another MLA, on 18/28.9.95 for out -of -turn promotion to both petitioner and Bindeshwar Singh. Nothing however seems to have happened on that. On 23.3.98, another recommendation was made by Shri Ramji Prasad Sharma, MLC for giving out -of -turn promotion to Bindeshwar Singh. The said letter, of the MLA seems to have been written on the premise that though recommendation had been made for out of turn promotion to Bindeshwar Singh earlier no action had been taken. Though it is true, as mentioned above, that no action was taken on the recommendation of Shri Ganesh Shanker Vidyarthi on 18/28.9.95, the fact of the matter is that the claim/recommendation in this regard already stood rejected on 31.1.94 which fact was apparently suppressed. From the records, it appears that the said recommendation by Shri Ramji Prasad Sharma, MLC was made at a time when steps had been taken to convene the meeting of the DG Board to consider cases for out -of -turn promotion. From File No. XP -K -4 -98 it appears that meeting of the DG Board was scheduled to be held on 9.2.98, communication for which was sent to the officers/members concerned on 28.1.1998. In the meeting which was eventually held on 25.3.98, the case of Bindeshwar Singh was taken up for consideration and he was allowed out -of -turn promotion.