IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2709 of 2011
Shashi Shekhar Prasad ... ... .......Petitioner
V e r s u s
The State of Jharkhand and others ... ... Respodents
...
CORAM: HON’BLE MR. JUSTICE D.N. PATEL
…
For the Petitioners : Mr. Sujit Narayan Prasad
For the Respondents : J.C. to A.G.
...
th
02/Dated: 12 August, 2011
1. Counsel for the petitiioner submitted that the petitioner is
senior most in the cadre of Inspector in the Excise Department in
the State of Jharkhand and he was appointed in the said
Department in the year 1989 and is working honestly, sincerely,
diligently and to the satisfaction of the respondents.
2. In purusance of Circular of Personnel, Administrative Reforms and
Rajbhasha Department vide Department Letter No.7/V.V.R.-06/2004
Ka.-442/Ranchi dated 25th January, 2006, issued by the State of
Jharkhand, senior most person should be made In-charge of superior
post and in the facts and circumstances of the present case, the post of
Assistant Commissioner of Excise of respondent-State, since its
bifurcation in the year 2000, has never been fulfilled on regular basis. The
post of Assistant Commissioner of Excise always has a good gesture of
favouritism and napotism. The State of Jharkhand is appointing another
person in the post of Inspector other than the senior most in the said
cadre.
3. Counsel appearing for the respondents seeks time to file counter
affidavit.
4. Despite a copy of this writ petition received in the month of
May, 2011 in the office of the learned Advocate General of the State
of Jharkhand at High Court, the respondents have not filed any
counter affidavit. I, therefore, direct respondent no.2 to file counter-
affidavit on or before the next date of hearing, failing which, he shall
remain personally present before this Court on the next date of
hearing at 10.30 a.m. In the affidavit to be filed by respondent no.2,
it will be mentioned that in what least possible time the post of
Assistant Commissioner of Excise shall be filled-up by regular
appointment, if not filled-up on regular basis sofar.
5. I hereby also direct the Chief Secretary, State of Jharkhand to
look into the matter personally, since not less than in a dozen writ
petitions, directions have been given by this Court to the Chief
Secretary, Government of Jharkhand not to appoint in-charge
person on regular post of the State of Jharkhand. In the facts and
circumstances of the present case and as per the allegations, since
the bifurcation of the State in the year 2000, the post of Assistant
Excise Commissioner has never been regularly filled-up and
adhocism or inchargeship is going on which tantamounts to
favouritism and nepotism by the high ranking officials of the State of
Jharkhand. As far as possible, the said situation should have been
avoided which creates dis-satisfaction in the senior most persons
working in the cadre. It is expected from the Chief Secretary of the
State that the aforesaid post in the Excise Department be filled-up
at the earlist. Enough is enough. Time of eleven years have
elapsed. The post of Assistant Commissioner of Excise ought to
have been regularly filled-up in stead of filling-up of the post by
junior persons giving incharge-ship.
6. Registry of this Court is directed to send a copy of this order
to the Chief Secretary to the State of Jharkhand.
7. The matter is adjourned on 29.8.2011.
(D.N. Patel, J.)
sudhir/