IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4775 of 2010
1. PRAHLAD KUMAR S/O LATE BALDEO PRASAD RAJAK
PERMANENT RESIDENT OF VILLAGE PHULOT,
P.S.CHOUSA,DISTT-MADHEPURA,BIHAR , PRESENTLY RESIDING
AT 24 I, M.I.G. HANUMAN NAGAR, P.S.PATRAKARNAGAR, DISTT-
PATNA, BIHAR AND POSTED AS DEPUTY SUPERINTENDENT OF
POLICE (S.D.P.O.) , DISTT-SHEOHAR,BIHAR
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
DEPARTMENT OF HOME (POLICE) GOVERNMENT OF
BIHAR,PATNA ,BIHAR
2. DIRECTOR GENERAL OF POLICE BIHAR,PATNA
3. HOME SECRETARY, DEPARTMENT OF HOME (POLICE)
GOVERNMENT OF BIHAR,PATNA,BIHAR
4. JOINT SECRETARY, DEPARTMENT OF HOME (POLICE)
GOVERNMENT OF BIHAR, PATNA,BIHAR
5. DEPUTY SECRETARY, DEPARTMENT OF HOME (POLICE)
GOVERNMENT OF BIHAR,PATNA,BIHAR
6. JAGDISH CHOWDHARY S/O NOT KNOWN RAJ VILLA,NC -
149,S.B.I.COLONY,NEAR -GAYATRI
MANDIR,P.S.KANKARBAGH,PATNA
7. AJEET KUMAR , S.D.P.O. S/O NOT KNOWN
BANMANKHI,P.S.BANMANKHI, DISTT-PURNIA
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For the Petitioner:- Mr. Ajay Kumar Thakur, Adv.
Mr. Ravi Ranjan-I, Adv.
Mr. Amir Alam, Adv.
Mr. Amit Kumar, Adv.
For the State:- G.A.-8
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2. 4.11.2010 Heard learned counsel for the petitioner
and the State.
The petitioner is stated to belong to the
Reserved Category in the Police service and was
appointed as Deputy Superintendent of Police by
direct recruitment pursuant to examination
conducted by the B.P.S.C. in 1984. In the year
1994 he was unauthorizedly absent for certain
periods stated to be from 5.7.1994 to 10.7.1994.
2
Departmental proceedings were initiated against
him. The enquiry report has been submitted on
8.2.2008 concluding that no charges were made out.
The disciplinary authority accepted the finding and
by formal order dated 16.9.2008, the charges were
dropped and the proceedings were closed.
On 17.11.2008 the petitioner is stated to
have represented to be considered for promotion as
Senior Deputy Superintendent of Police and
Assistant Superintendent of Police. Further claim is
raised in the writ petition for the grant of 2nd A.C.P.
The petitioner is stated to have again represented on
12.9.2009. The petitioner is then stated to have
been promoted to the post of Senior Deputy
Superintendent of Police on 27.11.2009. The
surviving claim is for promotion to the post of
Assistant Superintendent of Police and 2nd A.C.P.
only.
If the petitioner has been exonerated in
the departmental proceedings and there is no other
legal impediment in consideration of his case for
promotion attributable to the petitioner, let his case
for promotion to the post of Assistant
Superintendent of Police as also for grant of 2nd
A.C.P. be considered within a maximum period of
3
four months from the date of receipt and/or
presentation of a copy of this order and
appropriately orders passed in accordance with law.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)