DIWAKAR CHANDRA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing / setting aside letter dated 23.02.2017 by which the meeting of the Departmental Promotion Committee has been adjourned without assigning any reason. Further prayer has been made for mandamus upon the respondents to call for meeting of the Departmental Promotion Committee.

(2.) The petitioner was appointed as Auditor in the year 1983 and further promoted to the post of Audit Officer. The respondents framed a Cadre Rule on 30.01.2012 in exercise of power under Article 309 of the Constitution of India known as Jharkhand Auditor Cadre Rule, 2011. As per the Rule-4 (Kha), the post of Controller of Accounts shall be filled up by promotion and according to Rule-7, all vacancies shall be notified each year by 31st December. On 20.08.2015, he was promoted to the post of Deputy Controller of Accounts vide order dated 20.08.2015 and the name of petitioner appeared at Sl. No. 6 of the said promotion list. The petitioner is duly qualified and fulfills all the criteria including the Kalawadhi of one year for being considered for promotion to the post of Controller of Accountrs. On 07.02017, JPSC requested the respondent No.2 to send the names of the eligible candidates for promotion to the post of Controller of Accounts. Thereafter, on 23.02017, the respondents forwarded the entire records and names of eligible candidates after getting clearance from Vigilance Department and service records of last 5 years along with chart in which the name of the petitioner is standing at Sl. No.3. It is specific case of the petitioner that all of sudden on the same day i.e. 23.02017, the respondents vide letter No. 71 dated 23.02017 intimated the Jharkhand Public Service Commission to cancel the holding of the meeting of the Departmental Promotion Committee without giving any cogent reason and no date has been fixed for holding the fresh meeting of Departmental Promotion Committee. Aggrieved thereto,the petitioner represented before the respondent but the respondents are sitting tight over the matter and no orders have been passed on the pending representation of the petitioner. Hence, the petitioner has been compelled to knock the door of this Court.

(3.) Mr. Anil Kumar Sinha, Sr. Advocate assisted by Mr. Kumar Harsh, learned counsel appearing on behalf of the petitioner submits that though Departmental Promotion Committee is suppose to hold every year for considering the promotion from the post of Deputy Controller to Controller of Accounts, the respondents have illegally and arbitrary shifted the date of holding the DPC without assigning any valid and cogent reasons. Learned Sr. Counsel further argues that vigilance clearance has been taken by the Department then, DPC was to be held but subsequently, the meeting of DPC was adjourned without fixing next date for holding DPC and without mentioning any ground, which is not tenable in the eyes of law. Learned Sr. counsel further argues that every year the vacancies are to be notified by 31st December and accordingly, DPC is held every year. But this time meeting of the DPC has been adjourned sine-die without assigning any reason, which is clear cut violation of Rules.