MEGH NATH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) -The petitioner has filed this writ petition for direction on the respondents to send the integrity certificate of the petitioner to the Union public Service Commission for consideration of his case for appointment by promotion in the cadre of Indian Police Service.

(2.) When the case was taken up, the counsel appearing on behalf of the respondent-State well as the counsel appearing on behalf of the respondent Union of India raised preliminary objection relating to maintainability of the writ petition on the ground that the matter relaring to appointment/promotion in the Indian Police Services is now vested with the Central Administrative Tribunal and that this Court has got no jurisdiction to pass any order.

(3.) Mr. Ganesh Singh, Sr. Advocate appearing on behalf of the petitioner submitted that he is pressing only the prayer for direction on the respondent-State of Bihar for sending the integrity Certificate of petitioner to the Union "Public Service Commission. It was submitted that the rest of the prayer made in the writ petition is not being pressed by him. He has further drawn my attention towards two of the judgments/orders of this Court; one passed in the case of Ganesh Prasad v. The State of Bihar and others by a Division Bench of this Court on 18th of August, 1989 in [C.W J.C. No. 1571 of 1988] and another in the case of Bhagwan Prasad Sinka v. The State of Bihar and otters, passed by a learned Single Judge of this Court on 19th of December, 1990 in [C.W.J.C. No. 5177/89]. It was sumbitted by the counsel for the petitioner that in the aforesaid two cases, while the matter relating to adverse remarks was in disputed, direction has been given to the Selection Committee for consideration of cases of those petitioners for appointment/ promotion to the post in Indian Police Service. It was contended by the counsel for the petitioner that the writ is maintainable.