MRITYUNJAY KISHORE MITTU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has filed this writ petition challenging the decision of the Departmental Promotion Committee dated 8.11.2004 whereby the Petitioner was not found fit for promotion in view of the fact that there were certain allegations against the Petitioner. The Petitioner has further prayed that mandamus be issued against the Respondents to grant him promotions to the posts of Senior Superintendent of Police and the Additional Superintendent of Police from the date other similarly situated persons have been granted promotion by the said Committee on 8.11.2004.

(2.) The Petitioner was appointed as the Deputy Superintendent of Police on the basis of the combined competitive examination held by the Bihar Public Service Commission on 3.5.1983. He continued to discharge his duties as such in different places of the State. After re-organization of the State of Bihar, the Petitioner was allocated to the State of Jharkhand and his promotion was considered on 8.11.2004. In the impugned order, it has been indicated that he is a charged officer and he was not found fit for promotion.

(3.) The writ petition was contested by the Respondents and they supported the impugned order and alleged in the counter-affidavit that the selection committee was held under the chairmanship of the Chairman, Jharkhand State Public Service Commission for Petitioner's promotion from the post of Deputy Superintendent of Police to the higher post and the Petitioner being a charged officer was not found fit by the departmental promotion committee for promotion. It was further alleged that on 5.10.1996 he had been given a warning which was entered in his character roll and as such the Petitioner cannot claim that he had spotless character. The Respondents have further stated in the counter- affidavit that the Petitioner's case would be considered and as soon as the process for promotion would be completed, the promotion would be given to the Petitioner.