SADA SHIV JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner has approached this Court under Article 226 of the Constitution of India seeking the writ of Mandamus commanding the respondents to give benefits of Assured Career Progression (ACP) with effect from 09.08.1999, on completion of 24 years of service and to release ail the consequential monetary benefits. Brief facts of the present case, inter alia, are that petitioner was appointed as sergeant in the police department of the State of Bihar on 17.09.1974; petitioner was promoted on the post of sergeant Major with effect from 04.06.1988; after the bifurcation of the State, petitioner was allocated Jharkhand cadre; Government of Jharkhand, vide Government order dated 14.08.2002, has issued ACP scheme (Annexure- I to the supplementary affidavit); petitioner was denied benefit of ACP on the ground that petitioner was awarded punishment of 'black mark' in the year 1998 for the incident occurred on 01.03.1996 and thereafter, again, petitioner was awarded punishment of 'black mark' in the year 2002 for the incident occurred on 20.08.2000.

(2.) Respondents have contended that, as per Clause 3 of the ACP scheme dated 14.08.2002, although benefit thereof shall be granted with effect from 09.08.1999, however, monetary benefit thereof shall be payable with effect from 15.11.2000 only. It has further been contended by the respondents that as per Clause 14 of the scheme, read with Rule 726 (III) of the Jharkhand Police Manual, benefit of ACP shall not be granted for three years from the date of major punishment. Petitioner was awarded punishment of 'black mark' in the year 1998 for the incident occurred on 01.03.1996, therefore, in view of Clause 14 of the ACP scheme, read with Rule 726 (III) of Jharkhand Police Manual, petitioner was not entitled for the regular promotion as well as monetary benefit under the ACP scheme for three years i.e. 1998 to 2001. Hence, benefit of ACP scheme was denied to the petitioner.

(3.) I have heard learned counsel for the parties and have carefully perused the record.