SAMBHU PRASAD JAMADAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred mainly for getting writ of mandamus upon the respondents to allow the petitioner to resume the promotional post i.e. Sub inspector of Police. Petitioner was promoted vide order dated 1st October, 2010 by the Central Selection Committee, which is at Annexure-1 to the memo of the present petition and for no justifiable reason, respondent No. 5 is not allowing the petitioner to resume the promotional post on the ground that some departmental inquiry has been initiated after the promotion given to the petitioner and that too for absenteeism for 27 days.

(2.) Counsel for the petitioner further submitted that the petitioner has already been promoted by the Central Selection Committee. Thereafter, the posting order has also been passed, which is at Annexure-2 to the memo of the present petition and therefore, the petitioner ought to be relieved by respondents allowing the petitioner to join his promotional post at Jamshedpur.

(3.) Counsel for the respondents submitted that it is true that the petitioner has been promoted and posted at Jamshedpur by order at Annexure-1 and Annexure-2, respectively, but, looking to the order of promotion, it has been stated that if there any departmental inquiry is pending on or before 27th August 2010, for the allegation/incident, which has been taken place within three years from the date of promotion then the promote will not be allowed to resume the duties at the promotional post and therefore, the petitioner is not allowed to join the post of Sub Inspector of Police at Jamshedpur because charge-sheet has already been issued on 11th October, 2010 for 27 days absenteeism and departmental inquiry is still going on and therefore, the petition deserves to be dismissed, at this stage.