LAWS(PAT)-2015-1-44

THE STATE OF BIHAR Vs. PRANTOSH KUMAR DAS

Decided On January 19, 2015
THE STATE OF BIHAR Appellant
V/S
Prantosh Kumar Das Respondents

JUDGEMENT

(1.) THE State of Bihar has preferred this appeal against the order, dated 12.8.2013, passed in C.W.J.C. No. 2009 of 2010, whereby a learned Single Judge of this Court has allowed the writ application of the writ petitioner for promotion to the post of Senior Deputy Superintendent of Police with effect from 01.11.2000, i.e., the date on which his juniors were promoted, instead of 03.03.2010, and also for promotion to the post of Additional Superintendent of Police with effect from 31.12.2010 instead of 03.03.2011, i.e., the date on which his juniors were granted further promotions. The writ application was allowed, primarily, on the premises that the writ petitioner did not suffer from any disability on 01.11.2000 or on 31.12.2010, the dates on which his juniors were granted promotions to the post of Senior Deputy Superintendent of Police and, thereafter, to the rank of Additional Superintendent of Police.

(2.) THE writ petitioner, who is sole respondent in this case, initially, filed writ application, bearing C.W.J.C. No. 20090 of 2010, for quashing a part of the Memo No. 5447, dated 05.07.2010, issued under the signature of Deputy Secretary, Home Police, whereby he had been promoted to the post of Senior Deputy Superintendent of Police, with effect from 03.03.2010, instead of 01.11.2000, with all consequential benefits.

(3.) CHARGE sheet having been submitted, charges were framed, giving rise to Trial No. 46 of 2008, which ultimately ended in the acquittal of the accused.