SADA SHIV JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The learned Single Judge has referred the matter to the Division Bench by framing the question of law which reads as under: -

(2.) The brief facts giving rise to the present reference is that the petitioner was appointed as a Sergeant in the Police Department of the State of Bihar on 17.09.1974 and was promoted to the post of Sergeant Major with effect from 04.06.1988. After the bifurcation of the State of Bihar the petitioner was allocated Jharkhand Cadre vide order dated 14.08.2002. The petitioner was denied Assured Career Progression (in short 'ACP') on the ground that the petitioner was awarded punishment of black mark in the year 1998 for the incident which occurred on 01.03.1996 and thereafter again the petitioner was awarded punishment of black mark in the year 2002 for an incident which took place on 20.08.2000. The Board which was constituted for grant and recommendation of ACP on 20.05.2003 and 01.10.2004 denied the benefit of ACP to the petitioner on the ground of unsatisfactory service record. Being aggrieved, the petitioner filed the writ petition for grant of ACP from the cut off date i.e. from 09.08.1999 on completion of 24 years of service.

(3.) Before the learned Single Judge, the Senior Counsel for the petitioner, Dr. S.N. Pathak placed reliance on the decision in the case of Ram Anugrah Singh versus State of Bihar & Others, 1992 1 PLJR 502 and submitted that three years, as stipulated under Rule 726(III) of Jharkhand Police Manual should be calculated from the date of occurrence on which the wrong was done and not from the date on which punishment is awarded.