NAGENDRA MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THIS application is directed against the order issued vide memo no. 3628 dated 29.9.2003 as contained in Annexure 12 whereby and whereunder promotion granted to the petitioner on the post of Assistant Sub Inspector of Police has been cancelled and he has been reverted back to his substantive post of Constable in Bihar Military Police.

(3.) IT is further submitted by learned counsel for the petitioner that there is no separate cadre of the personnel of Bihar Military Police and the general police in exercise of power under Article 309 of the Constitution and as per Rule 7A(d) of the Police Manual, there are different wings of the police personnel and, therefore, the Director General -cum -lnspector General of Police had the authority to promote him to the post of Assistant Sub Inspector of Police. It is also submitted that in all respects, the petitioner was found eligible for promotion to the post of Assistant Sub Inspector of Police as he had also passed PTC examination and his case was considered with several other persons. It is, therefore submitted that the order impugned as contained in Annexure 12. is wholly without jurisdiction and arbitrary. Learned counsel has also drawn my attention to Annexure 13 showing that in past also the personnel of Bihar Military Police were transferred to different wings and they were promoted.