SURENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Advocate General No.1 for the respondents.

(2.) INITIALLY , the petitioner by this writ application had prayed for issuance of a writ of mandamus commanding upon the respondents to fix his seniority in the rank of Assistant Sub - Inspector of Police with effect from 1.10.1980, from the date the petitioner was promoted to the said post on officiating basis and further to direct the respondents to promote him to the post of Sub -Inspector of Police with effect from the date juniors to him, namely, Radhe Shyam Singh, Shailendra Kumar Singh, Ram Sagar Rai and Bashishtha Narayan Singh were promoted to the post of Sub - Inspector of Police and to give all consequential benefits.

(3.) LEARNED counsel for the petitioner submitted that the petitioner was appointed as a Literate Constable on 1.3.1977 in the district of Nalanda and was transferred from Nalanda to the Police Training College Hazaribagh and while he was serving in the Police Training College, two posts of Assistant Sub -Inspector of Police were Raj Kumar Ram Versus State Of Bihar created by virtue of the order of the Inspector General of Police vide notification dated 1st October, 1980 till 28th February, 1981 and by virtue of the aforesaid notification, the petitioner along with one Sabir Ahmad Khan was allowed to function as Sub -Inspector of Police on temporary basis and the petitioner, thus, continued on the post as such without any break in service till January, 1997. It is further submitted by the learned counsel for the petitioner that seniority of Sabir Ahmad Khan was fixed on the post of Assistant Sub -Inspector of Police with effect from of his officiation i.e. 1.10.1980 and he was recommended for next promotion to the post of Sub - Inspector of Police whereas the petitioner was transferred as Assistant Sub - Inspector of Police to Bokaro without fixing his seniority with effect from the date of his officiation like Sabir Ahmad Khan. Learned counsel further submitted that since the petitioner has continued even on officiation basis as Assistant Sub -Inspector of Police for about 17 years, he could have been confirmed as the Assistant Sub -Inspector of Police and his case could have been considered for promotion to the post of Sub -Inspector of Police in the like manner it was done in the case of Sabir Ahmad Khan.Learned counsel further submitted that instead of doing so, the authorities concerned after fifing this writ application in the court reverted the petitioner to the substantive post of Lierate Constable vide order as contained in Annexure -6 even without giving an opportunity of being heard to him. It is also contended that even though the petitioner was promoted on ad hoc basis as Assistant Sub -Inspector of Police and since he continued as Assistant Sub -Inspector of Police for about 17 years, in no case he could have been reverted to his substantive post and that also without affording him an opportunity of being heard.