PREM SHANKAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition is filed under Article 226 of the Constitution of India interalia praying for issuance of appropriate writ/order or direction in the nature of mandamus directing the respondents to accept the joining of the petitioner on the promoted post of Sub-Inspector of police in Special Branch, Jharkhand, Ranchi from the date of grant of promotion by the Board vide order dated 27"' December, 2007 vide memo No. 2200/P with all consequential benefits.

(2.) The case of the petitioner is that he was initially appointed as. Steno Assistant-cum-Sub-Inspector of Police in the year 1983 in the district of Chaiabassa and thereafter his case was considered for promotion to the post of Sub-Inspector of Police and by order dated 5.6.2007 the name of the petitioner was indicated as serial No. 91 in the gradation list of the officers who have been promoted and transferred to the promoted post but the promotion of the petitioner could not be effected as there was criminal case pending against him in the erstwhile Stale of Bihar since 1996 when he was posted in the District of Gaya. The petitioner filed a representation before the Respondent No. 2 on 26.6.2009 to consider his case for promotion but the same has not been considered till date.

(3.) The case of the respondents is that the petitioner is not eligible and entitled to get promotion at this juncture in view of Sankalpa No. 6227 dated 20.11.2008.