VIRENDRA KUMAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is for quashing the notification bearing the No. 2493 dtd. 30/4/2015, whereby and whereunder ignoring the case of the petitioner, other 16 Additional Public Prosecutor have been granted promotion as Public Prosecutor.

(2.) The case of the petitioner is that all 16 persons, who have been promoted as Public Prosecutor, are junior to the petitioner but his case has not been taken into consideration, hence this writ petition.

(3.) Counter affidavit has been filed by the State on 21/4/2016, wherein reason has been assigned that vide Minutes dtd. 23/4/2015, the case of the petitioner was considered but due to non-forwarding of his Annual Confidential Report (in short ACR) for 5 years, the duly constituted Department Committee has not considered the case of the petitioner and therefore, there is no illegality in the decision taken by the Departmental Promotion Committee. It has further been pointed out that the petitioner although has challenged the notification dtd. 23/4/2015 on the ground that all the 16 Additional Public Prosecutors are junior to the petitioner but they being the necessary parties have not been impleaded as party respondent in the writ petition and in their absence, no order can be passed against them. It has further been submitted by Mr. Bhawesh Kumar, learned SC-II appearing for the respondent that there is a still vacancy and even though they are not the party in the writ petition, direction may be issued upon the State-respondent to consider his case for promotion considering the fact that the petitioner in the meanwhile has retired from service and only monetary benefit is required to be extended in favour of the petitioner.