NARESH KUMAR SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner originally was aggrieved with the decision of the Departmental Promotion Committee dated 31.01.2013 whereunder he was not recommended for promotion to the post of Deputy Superintendent of Police from his present post of Police Inspector. He, in the writ petition, also sought an alternative direction to direct the respondents to promote him to the post of Deputy Superintendent of Police in the light of Police Order No. 99 while taking into account that he was eligible for such promotion and juniors to him had already been promoted.

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(3.) The respondents have appeared and filed their counter affidavit. In their counter affidavit they have taken a stand that the petitioner was facing a departmental inquiry, in which he was awarded with a punishment of withholding of one increment, which amounts to two black marks by the order of penalty passed on 5.9.2012. They also took a stand that because of the resolution of the Personnel and Administrative Reforms Department, Government of Jharkhand, as contained in Memo No. 1698 dated 18.02.2012, Annexure-A to the Counter Affidavit, the provisions of Police Order No. 99 were superceded and the punishment imposed upon the petitioner was to take effect prospectively from the date of order of punishment. This actually disentitled him from promotion when the Departmental Promotion Committee meeting held on 31.01.2013.