High Court Jharkhand High Court

Ramyad Singh vs State Of Jharkhand & Ors. on 1 September, 2011

Jharkhand High Court
Ramyad Singh vs State Of Jharkhand & Ors. on 1 September, 2011
                      W.P. (S) No. 6346 of 2008
  In the matter of an application under Article 226 of the Constitutional of India.
                               -----
        Ramyad Singh                                     ...     ...     Petitioner
                                    Versus
        1. State of Jharkhand
        2. Superintendent of Police, Palamau            ...     ... Respondents
                              -----
        For the Petitioner          : Mr. A.K. Sahani, Advocate
        For the State               : Mr. Anil Kumar, J.C. to A.G.
                              -----

                                  PRESENT

                     HON'BLE MR. JUSTICE R.R. PRASAD

By Court :   Heard the parties.

Learned counsel appearing for the petitioner submits that

the petitioner was appointed as Clerk in the District Police Force,

Palamau. The petitioner on being found guilty of certain charges was

dismissed from service on 2.10.1981. The said order was challenged in

C.W.J.C. No. 107 of 1985 (R), which was disposed of on 19.7.1989

directing the Authority to take a fresh decision in the matter relating

to dismissal of the petitioner. Upon a fresh consideration, the

petitioner was reinstated in service on 26.6.1992 but the proceeding

got continued. However, the petitioner after rendering services to the

satisfaction of the Authority got retired on 1.2.1997.

It was further submitted that the petitioner before his

retirement had made representation before the Controlling Authority

to grant him 1st time bound promotion as also 2nd time bound

promotion. Upon it, the Deputy Inspector of General, Palamau Region,

Palamau vide his letter dated 11.11.1993 asked the Superintendent of

Police, Palamau to send the service book of the petitioner and also

intimation about the status of the disciplinary proceeding. Before any

decision was taken in this regard, the petitioner got retired and,

therefore, the petitioner has moved to this Court for a direction to the

Authority to grant him 1st/2nd time bound promotion, as he had been
reinstated in service from the date when he had been dismissed from

service.

A counter affidavit has been filed, wherein it has been

stated that when the petitioner was reinstated in service, the

departmental proceeding under the order of this Court got continued

and after holding inquiry, the Inquiry Officer has found the petitioner

guilty, but no decision has been taken on the point of punishment by

the Disciplinary Authority.

Thus, it does appear that the petitioner has moved to this

Court, as during service tenure, the petitioner was not given the time

bound promotion, though under a letter, issued by the Department of

Finance, Departmental Heads were supposed to take decision in the

matter of grant of time bound promotion. However, so far the case of

the petitioner is concerned, I do find that no order on the point of

punishment has still been passed by the Disciplinary Authority on the

inquiry report, submitted by the Inquiry Officer and, therefore, before

any decision is taken, it would not be appropriate to direct the

Authority to consider the case of the petitioner relating to grant of 1st/

2nd time bound promotion.

However, the petitioner may rake up this issue if he is

exonerated by the Disciplinary Authority-Deputy Inspector of General,

Palamau Region, Palamau but at the same time, the Deputy Inspector

of General, Palamau Region, Palamau is directed to take decision in

the matter within a period of eight weeks from the date of

receipt/production of a copy of this order and to communicate the said

order to the petitioner immediately thereafter.

With this direction, this application stands disposed of.

(R.R. Prasad, J.)

Jharkhand High Court, Ranchi
Dated the 1st September, 2011
N.A.F.R./AKT