STATE OF JHARKHAND Vs. VINOD MANI DIWAKAR

JUDGEMENT

(1.) BY this writ application the petitioner -State of Jharkhand has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 5.12.2008 passed by the Central Administrative Tribunal, Circuit Bench at Dhanbad in O.A. No. 105/2007, whereby the Tribunal held that the respondent -applicant should be deemed to be promoted as I.G. of Police from 23.2.1999 and if necessary a supernumerary post should be created. The Tribunal further held that the applicant is required to be conferred with promotion as Additional Director General of Police effective from 29.4.2005 with further observation that consequential order should be passed within two months from the date of the order.

(2.) THE facts of the case lie in a narrow compass.

(3.) MR . R. Krishna, learned Senior Standing Counsel appearing for the petitioner, assailed the impugned order passed by the Tribunal as being illegal and wholly without jurisdiction. Learned counsel has drawn our attention to 1992 Circular and submitted that merely because the applicant was given ad hoc promotion, no right accrued to him for regular promotion with retrospective effect. Learned counsel further submitted that those officers who were junior to the applicant and were given promotion, no criminal proceeding was pending against them. According to the learned counsel, the Tribunal cannot assume that the applicant was entitled to promotion.