HAST BAHADUR GURUNG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred against an order, passed by respondent no.3, dated November 7, 2008, at Annexure 3 to the memo of present petition, whereby, the petitioner has been declared as "incompetent", for getting promotion on the post of Inspector of Police from the post of Sub Inspector of Police. No reasons have been assigned in the said order at Annexure 3. Not a word, not a line has been referred in the impugned order for declaring "incompetence" of the present petitioner, for getting promotion. Thus, thoroughly, a non -speaking order has been passed by respondent no.3, at Annexure 3, dated November 7, 2008 and, therefore, the present petition has been preferred.

(2.) LEARNED counsel for the petitioner submitted that, in fact, the petitioner is absolutely competent and eligible for getting promotion, but, no such qualification has properly appreciated by the respondents and the juniors to the present petitioner have been promoted on the posts of Inspector of Police and the petitioner has been declared "incompetent" for getting promotion. Petitioner is not knowing what are the reasons of "incompetence", from Annexure 3, and absolutely, an arbitrary and unilateral decision has been taken by respondent no.3, while passing the order, at Annexure 3, and no opportunity of being heard was given to the petitioner, for assigning the aforesaid remark, and, therefore, the order, at Annexure 3, deserves to be quashed and set aside.

(3.) I have heard learned counsel for the respondents, who has submitted that several reasons have been given in the counter affidavit, which reveal that the petitioner is incompetent for getting promotion to the post of Inspect of Police, from the post of Sub Inspector of Police and, thus, the case of the petitioner was rightly not considered by the respondent no.3, for promotion and, therefore, this writ petition deserves to be dismissed.