BINOD KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE order passed by respondent No. 2, the Director General cum Inspector General of Police, Bihar, Patna, vide Memo No. 5218 dated 31.10.1996 (Annexure 14) has been sought to be quashed by this writ application.

(2.) BY the above mentioned order, the respondent No; 2 has not only rejected the petitioner's case for promotion on the post of Sub Inspector or Police after placing him at proper place in the gradation list of Assistant Sub Inspectors of Police, it has also cancelled the earlier order of selection grade granted to the petitioner vide order dated 13.1.1989.

(3.) ON various occasions enquiries etc., were made but ultimately the petitioner's promotion to the post of Assistant Sub Inspector of Police had been confirmed vide Annexure 5/C By Annexure 5/D, the petitioner had been given Selection Grade as per the observations made in Annexure 5/C. The petitioner made representation for his promotion to the post of Sub Inspector of Police vide Annexure 6/A but the same had been rejected vide Annexure 6/B on 11.2.1991. The petitioner came to this Court in C.W.J.C. No. 2300 of 1990 (R) and after filing of the counter affidavit from the side of the State, the said writ petition has been disposed of vide Annexure 9 giving direction to the petitioner to file representation before the appropriate authority who should dispose it of in accordance with law. Vide Annexure 8, representation was filed by the petitioner but the same has been rejected by the Director General of Police on 2.11.1995 as contained in Annexure 10. Against such rejection order, the petitioner again came up in C.W.J.C. No. 3856 of 1995 (R) which has been disposed of on 30.7.1996 after considering the counter affidavit filed on behalf of the State vide order dated 2.11.1995 as contained in Annexure 10 to the writ petition. In the counter affidavit objection was raised regarding non compliance of the Police Order No. 204/88 in giving seniority but relying on the decision of Yamuna Prasad Yadav and Ors. v. The State of Bihar and Ors. CWJC No. 2328 of 1990 (R) which was tested upon the Supreme Court to the effect that the Police Order No. 204 of 1988 cannot stand as a barrier for determination of seniority and when the police order had been discarded and the barrier regarding consideration of the petitioner's seniority of the petitioner had been removed, the learned Single Judge in the said writ petition of the petitioner held in the following manner: