BADRI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondents to consider and grant regular promotion to the petitioner to the post of Deputy Director and subsequently as Additional Director from respective due date, after granting the benefits of 1 year relaxation in Kalwadhi in terms of the Government Policy in this regard with all consequential benefits of Seniority, pay, Continuity in service etc., in accordance with law.

(2.) The facts as derived from the writ petition are that the petitioner was initially appointed as Assistant Mining Officer on 03.02.1989 and subsequently, passed Hindi Noting and Drafting Examination on 21.02.1992. The petitioner having requisite qualification and otherwise eligible, participated in the process of direct recruitment for the post of District Mining Officer and on recommendations of the Bihar Public Service Commission, was appointed as District Mining Officer on 20.08.1998. On cadre bifurcation, the services of the petitioner was allocated to the State of Jharkhand and subsequently, he was posted as Incharge Deputy Director (Mines) where he joined on 03.07.2006 and was discharging duties and responsibilities of the said post, continuously and without interruption till date. It is further stated that as per requirement for grant of promotion to next higher grade, he had completed 8 years of services on 20.08.2006. However, in view of the fact that he belongs to Extremely Backward Category and also as per the Govt. Policy to grant relaxation of one year in qualifying length of service, the petitioner became entitled for grant of promotion to the post of Deputy Director Mines on 20.08.2005 itself. It is further stated that petitioner completed the qualifying service of 4 years for promotion to the post of Additional Director (Mines) w.e.f. 20.08.2009 itself, subject to availability of vacancy of Additional Director (Mines). In the seniority list of District Mining Officer dated 21.06.2003, the petitioner was placed at Sr. No.15 and persons standing at Sr. No. 1 to 5 and 11 to 13 have already retired from services, whereas services of the person standing at Sr. No.6 was finally allocated to State of Bihar. Thus, in final seniority list published by the Govt. of Jharkhand vide Memo No. 2517 dated 21.08.2006, the petitioner was standing at Sr. No.6. It is stated that in the year, 2008, Government resolved to create additional posts within the mining cadre and in view thereof 3 Additional posts of Deputy Director (Mines) were created making the total vacancies for promotion as 8.

(3.) It is further the case of the petitioner that while he was posted as District Mining Officer, Sahebganj, he was placed under suspension on 06.09.1999 and memo of Charges were issued on 17.02.2001, initiating a Departmental Proceeding. Aggrieved thereto, the petitioner challenged the same before this Hon'ble Court in CWJC No. 1142 of 2001 which was finally disposed of vide order dated 23.03.2001 with a direction to conclude the Departmental Proceeding within six weeks, even ex parte, failing which the Departmental Proceeding including the order of suspension would stand automatically quashed. It is further the case of the petitioner that as the Departmental Proceeding was not completed within the stipulated time granted by this Hon'ble Court vide order dated 23.03.2001 in CWJC No. 1142 of 2001, departmental proceeding as against the petitioner automatically stands quashed. However, unfortunately for the petitioner, before any formal notification could have been issued, the petitioner was again falsely implicated and arrested on 09.05.2001, in connection with Hajipur PS Case No. 20 of 2000. The petitioner was admitted to the privilege of Bail by the Hon'ble Apex Court in Cr. Appeal No. 176/2004. The petitioner was ultimately acquitted, on merits, of all charges levelled against him in light of judgment and order dated 15.11.2017 passed in Sessions Trial No. 577 of 2002.