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Patna High CourtCWJC/12169/2018disposed

Manoj Kumar Singh And ORS v. The State Of Bihar And ORS

2018-10-29Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12169 of 2018 ======================================================

1. Manoj Kumar Singh, S/o Late Satyadeo Singh, resident of Mohalla- Lok Nagar, P.S.- Jehanabad, District- Jehanabad.

2. Mithilesh Kumar Sinha, S/o Sri Kalika Prasad Sinha, resident of Village- Deo Markanday, P.S.- Gorari, District- Rohtas.

3. Pramod Poddar, S/o Late Bachcho Poddar, resident of VillageLoualagam, P.S.- Chausha, District- Madhepura.

4. Harishchandra Thakur, S/o Deo Nandan Thakur, resident of Village- Habibhouar, P.S.- Bahera, District- Darbhanga.

5. Parmod Kumar, Son of Mathura Prasad Singh, Village- Ajgara, P.S.- Bhador, District- Patna.

... ... Petitioner/s

Versus

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

2. D.G. of Police, Bihar, Patna.

3. I.G. (Headquarter), Bihar, Patna.

4. A.D.G. (Headquarter), Bihar, Patna.

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

For the Petitioner/s :

Mr. Ebrahim Kabir, Adv.

Ms. Shruti Sinha, Adv.

For the Respondent/s :

Mr. Md. Ndeem Seraj - GP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 29-10-2018 Heard learned counsel for the parties.

The petitioners though have been promoted to the post of Inspector from the post of Sub-Inspector having claimed that they should have been granted promotion with effect from 23.1.2014 but, wrongly, they have been granted the same with effect from 7.1.2016 (Annexure-4) having claimed that when their case was under consideration, the departmental proceeding was initiated, that ended in black-marking which has an effect of three years. So, they should be granted promotion with effect from

Patna High Court CWJC No.12169 of 2018 dt.29-10-2018 2/2 23.1.2014 but, they have been deprived and have also challenged the final gradation list, in which the petitioners have been shown much below to their juniors.

Learned counsel for the petitioners further submitted that when a provisional seniority list was circulated, the petitioners raised the objection but, the outcome of the same has not been communicated to them.

In that view of the matter, let the petitioners should file their application before the Director General of Police, Bihar, Patna, who will examine the case of the petitioners vis-a-vis others and will take a decision in accordance with law by passing a reasoned order within a period of six months from the date of filing of the application along with a copy of this order. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.11.2018 Transmission Date