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Patna High CourtCWJC/8343/2024disposed

Narwadeshwar Singh Chauhan v. The State Of Bihar

2024-10-05Mr. Justice Bibek Chaudhuri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8343 of 2024 ====================================================== Narwadeshwar Singh Chauhan son of Late Shiv Bhajan Singh, resident of Gram- Mahmadpur, Post Office- Barh, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Home(Police) Department, Patna.

2.

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

The Additional Director General of Police (Special Branch), Bihar, Patna. 4.

The Inspector General of Police(HQ) Bihar, Patna. 5.

The Inspector General of Police, Bhagalpur Zone, Bhagalpur. 6.

The Dy. Inspector General of Police, Special Branch, Bihar, Patna. 7.

The Deputy Secretary to the Government, Department of Home(Police) Bihar, Patna.

8.

The Secretary, Bihar Public Service Commission, Patna. 9.

Sri Dwivedi Fani Bhushan, Seniority serial No. 607, the then Inspector of Police, now Dy.S.P. in Bihar Police, through the Director General of Police, Bihar, Patna.

10.

Sri Jitendra Kumar Singh Seniority Serial No.608, the then Inspector of Police, now Dy.S.P. in Bihar Police, through the Director General of Police, Bihar, Patna.

11.

Ram Babu Kaper, Seniority Serial No. 614, the then Inspector of Police, now Dy.S.P. in Bihar Police, through the Director General of Police, Bihar, Patna.

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

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the State :

Mr. Prabhakar Jha, GP-27 For the BPSC :

Mr. Sanjay Pandey, Advocate Mr. Nishant Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 05-10-2024 The grievance of the petitioner that he was initially appointed as Sub-Inspector of Police through competitive examination. Subsequently, on 22.02.2010 he was promoted on the post of Inspector of Police, that on 11.05.2017 the Inspector

Patna High Court CWJC No.8343 of 2024(2) dt.05-10-2024 2/3 General of Police, Bhagalpur Range sent a list of 16 Inspectors of Police eligible for the promotion to the post of Deputy Superintendent of Police.

2. Subsequently, on 29.01.2019, Home (Police) Department issued a notification under the signature of Deputy Secretary, Government of Bihar, Department of Home, Patna granting promotion to 145 Inspectors of Police on the post of Deputy Superintendent of Police. The petitioner found that his juniors were promoted to the post of Deputy Superintendent of Police but he was left out.

3. It is further stated by the petitioner that while he was working as an Inspector of Police, a departmental proceeding was initiated against him and in the said departmental proceeding, the petitioner was censored. Against the said order, the petitioner filed a writ petition being CWJC No.9990 of 2019, the said writ petition was disposed of by a Coordinate Bench on 30.01.2024 whereby and whereunder the impugned order of punishment of sensor against the petitioner was set aside with liberty to the Authority to initiate departmental proceeding in accordance with law.

4. It is contended on behalf of the petitioner that no such departmental proceeding was initiated against the

Patna High Court CWJC No.8343 of 2024(2) dt.05-10-2024 3/3 petitioner after disposal of CWJC No.9990 of 2019. Therefore, he is entitled to be promoted to the post of Deputy Superintendent of Police.

5. The petitioner has filed a representation to the Director General of Police, Bihar, Patna-respondent No.2, stating his grievances, which has not been disposed of by the concerned Authority as yet.

6. The instant writ petition, therefore, is disposed of directing the Director General of Police, Bihar, Patnarespondent No.2 to dispose of the representation filed by the petitioner, within 45 days from the date of communication of this order. If, there is no departmental proceeding pending against the petitioner as on this date, the Director General of Police, Bihar, Patna-respondent No.2 shall consider the said fact and take decision with regard to promotion of the petitioner on the post of Deputy Superintendent of Police.

7. With the above direction, the instant writ petition is disposed of.

(Bibek Chaudhuri, J) mdrashid/- U