Krishna Ballabh Kumar Singh @ Krishna Blabh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4937 of 2024 ====================================================== Krishna Ballabh Kumar Singh @ Krishna Blabh Kumar Singh Son of Satyagrah Singh, R/o Village-Pakari Bishunpur, P.S.-Beur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Director General of Police, Bihar, Patna.

3.

Inspector General of Police, Magadh Range, Gaya. 4.

S.P. Aurangabad, Bihar.

5.

A.I.G. of Police, Welfare, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Hriday Prasad, Adv.

For the Respondent/s :

Mr.Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.1) That, this is an application for issuance of appropriate writ order or direction to the respondents to consider the claim of petitioner for promotion on the post of Sub Inspector of Police, w.e.f. 13.7.21 from the date. When effect of major punishment would lapse (if any major punishment has been inflicted to the petitioner in Aurangabad departmental enquiry (Proceeding) No.51/18), as junior to the petitioner were promoted on the post of Sub Inspector of Police on 5.12.2018, but the petitioner has not been granted promotion because of pendency of Aurangabad departmental proceeding no.51/18. It is further prayed to grant all consequential benefits."

Patna High Court CWJC No.4937 of 2024(2) dt.04-04-2024 2/2

2. At the outset, the learned counsel for the petitioner has submitted that though the petitioner was inflicted with punishment vide order dated 30.11.2019, however, he had filed an appeal before the Inspector General of Police, Magadh Range, Gaya, who had set aside the said order dated 30.11.2019 and remanded the matter back to the Disciplinary Authority, whereafter the same is still pending consideration, hence, the case of the petitioner for grant of promotion is ripe for consideration.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the respondent no.2, i.e. the Director General of Police, Bihar, Patna, by filing appropriate representation, within a period of two weeks from today, who shall consider the same and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U