ANIL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for direction upon the respondents to consider his case for promotion w.e.f. 18.05.2013, on the higher post of Assistant Settlement Officer, w.e.f. the date juniors to him have been considered and granted promotion.

(3.) As per the factual matrix, petitioner was appointed to the post of Assistant Consolidation Officer in the pay-scale of Rs.1600-50-2150-60-2780 w.e.f. 16.09.1991. Later on, post of Assistant Consolidation Officer was merged with the cadre of Circle Inspectors and the petitioner was posted as Circle Inspector in the office of Commissioner, Sought Chhotanagpur on 25.07.1995. After re-organization of the State of Bihar, the services of the petitioner was allocated to the Jharkhand Revenue Cadre. Since his appointment, petitioner has worked to the utmost satisfaction of the respondent-authorities. During the service period, a CBI case, bearing No. RC-04(A)-10, was lodged against the petitioner and others and subsequently, sanction for prosecution against the petitioner was given by the State Govt. on 25.07.2012. A meeting of Departmental Promotion Committee (for short 'DPC') was held on 18.05.2013, in which promotions to the higher post of Assistant Settlement Officer (for short 'ASO') from the post of Circle Inspectors was considered. In the aforesaid DPC, juniors to the petitioner were granted promotion to the post of ASO but petitioner's case was kept in sealed cover on the ground of pendency of a criminal case. Although, more than 10 years have elapsed but neither the criminal case has not been concluded nor the sealed cover has been opened for consideration of his case for ad hoc promotion to the post of Assistant Settlement Officer. Subsequently, on 06.11.2019, further DPC was held for consideration of fresh cases for promotion but the case of the petitioner though considered but again the same is kept in sealed cover and no consideration was shown for opening the sealed cover of the petitioner. Since no decision has been taken for promotion, the petitioner moved before the respondent-authorities by filing several representations but no heed was paid and as such, writ petitioner has knocked the door of this Court.