SHIV SHANKAR JHA Vs. JHARKHAND PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 4.8.2005 issued by respondent No. 1 Jharkhand Public Service commission whereby petitioner has been declared unfit for being promoted as Deputy Superintendent of Police on the ground mentioned therein.

(2.) PETITIONER 's case is that he was appointed as Sub -Inspector of Police in the State of Bihar in the year 1972 and was confirmed on the said post in 1975. In 1985 he was promoted to the post of Police Inspector. In 1995, a departmental proceeding No. 24/95 was initiated against the petitioner and he was punished by the Bihar Government vide order dated 26.2.2002. .Another departmental proceeding No. 38 of 2000 was also initiated against the petitioner by the then State of Bihar for his alleged misconduct and the petitioner was punished by imposing a major punishment in terms of order dated 24.4.2002. In departmental proceeding No. 24/95. wherein petitioner was awarded three Black Marks, the State of Jharkhand acquitted the petitioner from those charges vide its order dated 10.6.2004 issued by Deputy Inspector General of Police (Special Branch), Jharkhand, copy of the order has been annexed as Annexure -1 to the writ application. So far another departmental proceeding No. 38 of 2000 is concerned, the State of Jharkhand reviewed the punishment order and set -aside the major punishment and substituted it by minor punishment against the petitioner vide order dated 3.6.2004. A copy of the said order issued by the Deputy Inspector General of Police (Special Branch) Jharkhand has been annexed as Annexure -2 to the writ application.

(3.) IN the counter affidavit filed by respondent Mo. 1, the Commission, it is stated that the service book of the petitioner was brought before the Commission in which there was entry of Black Mark in his service book which is a major punishment and considering this fact decision has been taken not to promote the petitioner. So for 'contention of the petitioner with regard to review of major punishment is concerned that was not entered in the record placed before the Committee.