ARUN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has come to this Court on earlier occasions also but as his grievances still stand not redressed, he has again come to this Court.

(3.) The petitioner was appointed as Sub-Inspector of Police in the year 1969 and was confirmed as the same in June, 1972. On 10-7-1981 he was granted officiating promotion to the post of Inspector and on 13-11-1992 he was confirmed against the substantive vacancy of 1982 with effect from 4-1-1988. As some of the juniors of the petitioner were promoted to the post of Dy Superintendent of Police ignoring the alleged claim of the petitioner regarding his seniority, the petitioner filed 'C.W. J.C. No. 4697 of 1996. On 9-7-1997 the said writ application was disposed of with the directions to the respondents to grant promotion to the post of Dy Superintendent of Police from the date the juniors to the petitioner were granted promotion also counting the petitioner's seniority from the date of officiation, within six months from the date of production/receipt of the copy of the said order. It appears that nothing was done in the matter, therefore, the petitioner was required to file M.J.C. No. 784 of 1998. During the pendency of the said contempt application, the respondents issued an order granting promotion to the petitioner and others to the post of Dy Superintendent of Police from the date of joining. It appears that during hearing of contempt application an objection was raised by the petitioner's counsel that the promotion order dated 4- 3-1999 was not in accordance with the orders passed in C.W.J.C. No. 4697 of 1996. The said contempt application was disposed of on 10-3-1999 with a direction to grant promotion to the petitioner from retrospective date and ensure strict compliance of the order in its letter and spirit. On 8-12-1999 the meeting of the Departmental Promotion Committee was held. In the meeting dated 8-12-1999 (proceedings are attached at Annexure-4) the Chairman, Bihar Public Service Commission, the Home Secretary, the D.G./I.G. of Police, the Dy. Secretary (Home) (Spl.) Department took active part. On 8-12-1999 the Departmental Promotion Committee after taking into consideration the earlier judgments of this Court ordered that the petitioner be promoted at least from the date when his juniors were promoted. The Departmental Promotion Committee observed that the present petitioner Arun Kumar Sinha, Sri Hira Lal Jha, Sri Gangeshwar Sharma were found fit for promotion from 1-6-1994. The Departmental Promotion Committee made their recommendations for promotion to the rank of Dy. Superintendent of Policemen the basis of case of Sri Ramashraya Singh.