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Patna High CourtCWJC/6172/2019disposed

Ranjan Kumar v. The State Of Bihar

2019-04-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6172 of 2019 ====================================================== Ranjan Kumar, Son of late Joseph Louis, Resident of Village- Chuhari, P.S. Chanpatia, Distt. West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary of the Govt. of Bihar, Old Secretariat,Bihar, Patna.

2.

The Director General of Police, Old Secretariat, Bihar, Patna. 3.

The Addl. Director General of Police, H.Q. Old Secretariat, Bihar, Patna 4.

Inspector General of Police, H.Q. Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Awadhesh Kumar Mishra, Advocate Mr. Ajay Kumar, Advocate Ms. Rita Rai, Advocate For the Respondents :

Mr. Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-04-2019 Heard learned counsel for the parties.

2. The petitioner seeks a direction to the respondent authorities to grant him promotion to the post of Dy. S.P. from the post of Inspector of Police, on which he is working, with effect from 30.11.2016 as his juniors have been promoted to such post.

3. The petitioner was appointed as a Fire Station Officer in the year 1989 but was adjusted on the post of Sub-Inspector of Police in the same year. It appears that

Patna High Court CWJC No.6172 of 2019 dt.22-04-2019 2/3 the petitioner was dismissed from service in the year 2007 but the appellate authority chose to set aside the order of dismissal and the petitioner was subjected to a punishment of compulsory retirement. The aforesaid punishment also was set aside by a Bench of this Court on 20.05.2016 passed in CWJC No. 14876 of 2015 and the respondents were directed to reinstate the petitioner in service with all consequential benefits as are available to him.

4. In deference of the aforesaid order dated 20.05.2016, the petitioner presented himself along with an order before the Director General of Police, Old Secretariat, Bihar, Patna who vide his order dated 14.07.2016 contained in Memo No. 3758, issued direction for reinstatement of the petitioner in service with all consequential benefits.

5. It is the case of the petitioner that though an order has been passed by the Director General of Police, Old Secretariat, Bihar, Patna on 14.07.2016 but the promotion which also was one of the consequential benefits

Patna High Court CWJC No.6172 of 2019 dt.22-04-2019 3/3 of the reinstatement of the petitioner in service, has not yet been given to him.

6. Under the aforesaid circumstances, the petitioner is directed to make a fresh representation before the Director General of Police, Old Secretariat, Bihar, Patna (respondent no. 2) within a period of two weeks from today, who on receipt of the same shall consider the feasibility/tenability of the prayer of the petitioner and shall pass orders in accordance with law, within a further period of six weeks thereafter.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2019 Transmission Date