TARKESHWAR PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manan Kumar Mishra, learned counsel for the petitioner and J.C. to Government Pleader No. VII for the respondents.

(2.) The writ petitioner seeks direction upon the respondents to promote him to the post of Sub-Inspector of Police with effect from the date his juniors have been promoted with effect from 20th August, 1994.

(3.) It is submitted by learned counsel for the petitioner that the petitioner was working as Assistant Sub-Inspector of Police and in due course, the case of promotion of the persons like the petitioner was considered by the Board and similarly situated persons and even junior to the petitioner were promoted vide order as contained in Annexure-4 vide District Order No. 131/97 whereby and whereunder promotion was given to them on the post of Sub-Inspector of Police with effect from 20th August, 1994 but the case of the petitioner was not considered. It is further submitted by learned counsel that position of the petitioner in the gradation list was at serial no. 2722 whereas one person just above him at serial no. 2721, namely, Satyendra Kumar Sharma and another person just below him at serial no. 2723, namely, Izhaul Haque were promoted but the case of the petitioner was not considered though he is similarly situated to them. It is also submitted by learned counsel that the petitioner at one stage was proceeded against and vide District Order No. 518/92, an order of punishment withholding salary for six months was passed but the same was set aside by the appellate Court vide order as contained in Annexure-2 vide District Order No. 1961/95 and therefore, in all respects, the petitioner was eligible for promotion and his case could have been considered for promotion along with other similarly situated persons, as referred to above.