RAJNITI KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As in all these writ petitions, the facts and the questions involved are more or less common, with consent of the parties, they have been heard together for final disposal.

(2.) The first four writ petitions have been filed for quashing the order dated 24.10.2005 (Annexure 19 to C.W.J.C. No. 14836 of 2005), by which the Home Secretary, Bihar has issued direction to cancel the promotion given to the petitioners from the post of Jail Clerks to the post of Assistant Jailors and. also the consequential office orders issued under the signature of I.G., Prisons, dated 23.11.2005 (Annexure 20), whereby and whereunder pursuant to the said direction promotions given to the petitioners have been cancelled after over lone six years. In the other two writ petitions (C.W.J.C. No. 14824 and 14825 of 2005), the petitioners have prayed for quashing of the same order, whereby and whereunder the Home Secretary has directed to cancel the promotion given to them from the post of Warders to the post of Jail Clerks and also the consequential office order issued on 23.11.2005 (Annexure 14) by the I.G.. Prisons, whereby and whereunder the said promotions have been cancelled after over long six years.

(3.) In short, the case of the petitioners is that they were promoted on the aforementioned posts after complying with all the reguirements. such as appearing before the Selection Committee. headed by the then I.G., Prisons. Bihar,' Patna and being medically examined by a duly constituted Medical Board. The I.G., Prisons by his letter No. (sic)946 dated 10.11.1998 to all the Superintendents of Jails in Bihar requested them to send the names of all eligible candidates for promotion, whereupon they were interviewed by the Departmental Promotion Committee (in short "D.P.C.'),which recommended their cases for appointment and their names were included in the list of the recommended candidates by the D.P.C. The petitioners were promoted on the respective posts and posted in various jails vide Department's Order dated 24.12.1998 issued by the then I.G., Prisons (respondent no. 4). They joined the respective places of posting as Assistant Jailors in the first four writ petitions and as Jail Clerks in the last two writ petitions.