Shekhar Sinha v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 5580 of 2021

1. Shekhar Sinha S/o Late Govardhan Lal Sinha Aged About 54 Years Occupation Service, Presently Posted As Head Constable (No.135). Police Station Nagri, Distt. Dhamtari (C.G.) R/o Gouravpath Road, Patal Badi, Dhamtari, Distt. Dhamtari (C.G.) ---Petitioner(s)

Versus

1. State of Chhattisgarh Through The Secretary, Department of Home Affairs, Mahanadi Bhawan, Atal Nagar Raipur (C.G.)

2. The Director General of Police Department of Home Affairs, Police Head Quarter, Raipur (C.G.)

3. The Inspector General of Police Department Of Home Affairs, Raipur Range Raipur (C.G.)

4. The Superintendent of Police District Dhamtari (C.G.)

5. The Station House Officer Police Station Nagri Distt. Dhamtari (C.G.) ---Respondents For Petitioner :

Shri Arun Kumar Shukla, Advocate.

For Respondents-State :

Ms. Sunita Jain, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 08.10.2021

1. The grievance of the petitioner in this petition is the action on the part of the respondents whereby the petitioner has been left out from being promoted to the post of Assistant Sub Inspector.

2. According to petitioner he has been working on the post of Head Constable and he fulfills all the eligibility criteria and requisite requirements for being promoted to the post of ASI. He has also got sufficient seniority for the same, however, when the list of eligible and ineligible candidates were published, the name of the petitioner is not reflected in either of the same.

3. The counsel for the petitioner referred to a document Annexure P/2 dated 06.09.2021 whereby the respondents themselves have called in for objection and representations from all those candidates who have been left out and who find themselves to be eligible and qualified for promotion.

-2He further submits that pursuant to Annexure P/2 he has already made a representation/objection to the respondents and therefore the authorities may be directed to consider and decide the same.

4. In view of the aforesaid factual matrix of the case, the writ petition at this juncture stands disposed of directing the respondents No.2&3 to take an appropriate decision on the representation/objection that the petitioner has moved vide Annexure P/3 dated 07.09.2021 at the earliest preferably within a period of 45 days from the date of receipt of copy of this order. Meanwhile, any promotion orders made, the same shall be subject to outcome of the decision to be taken by the respondents No.2&3 on the representation/objection filed by the petitioner.

5. The writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge inder