Dismissed

Jharkhand Police Association Through Its General Secretary Akshay Kumar Ram v. Home Department

Jharkhand HC11 Sept 2023WPC/6233/2016

Case brief

AI extract

What is this about?

The petitioner challenged an amendment to the Police Manual regarding promotion rules. The Court found the impugned notification had been withdrawn before hearing, rendering the writ application infructuous. The matter was dismissed.

What did the court decide?

The writ application is dismissed as it has become infructuous due to the withdrawal of the impugned notification.

Jharkhand Police Association Through Its… — Pension and Retirement Benefits | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 6233 of 2016

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Jharkhand Police Association through its General Secretary Akshay Kumar Ram ... ... Petitioner

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Versus

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The State of Jharkhand through the Chief Secretary, Government of Jharkhand, Ranchi

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The Principal Secretary, Department of Home, Prison and Natural Disaster Management, Government of Jharkhand, Ranchi

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The Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Ranchi

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The Joint Secretary, Department of Home, Prison and Natural Disaster Management, Government of Jharkhand, Ranchi

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The Director General of Police, Jharkhand, Ranchi

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The Deputy Inspector General of Police (Personnel), Ranchi

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… ... Respondents

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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.

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SRI ANANDA SEN, J.

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--------For the Petitioner: Mr. A.K. Sahani, Advocate For the State: Mr. Mrinal Kanti Roy, G.A.-I Mr. Chandan Tiwari, A.C. to G.A.-I

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24/Dated: 11.09.2023

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Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.)

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ORDER

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Learned counsel for the petitioner would submit that the petitioner has challenged the notification contained in Memo No. 252 dated 28.01.2016, issued by the Joint Secretary, whereby in exercise of power under Article 309 of the Constitution of India read with SubSection 3 of Section 46 of the Police Act, 1861, the State Government has amended Rule 653 ( Kha ) and 659( Ka ) of the Police Manual to the extent that out of 50 % of the vacancies on the post of Sub-Inspector of Police which are to be filled by selection from the rank of Assistant Sub Inspector of Police, only 50 % are to be filled through promotion of eligible Assistant Sub Inspector of Police, who has minimum five years of service and has outstanding eligibility and the rest 50% shall

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be filled through limited Departmental Competitive Examination from and amongst the eligible Police Constables and Havildars.

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It is brought to our notice that in the meantime by issuing notification dated 15.06.2023 the Department of Home, Prison and Disaster Management, Government of Jharkhand, has withdrawn the notification that has been challenged in this writ application. A copy of the said notification is produced before us and paragraph 3 of the said notification shows that Notification No. 252 dated 28.01.2016 is nullified and has been withdrawn.

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In that view of the matter, this writ application has become infructuous and hence, dismissed as such. The notification produced today dated 15.06.2023 before us shall form part of the record.

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There shall be no orders as to costs.

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Pending application, if any, stands disposed of.

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Grant urgent certified copy of this order as per Rules.

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(Sanjaya Kumar Mishra, C.J.)

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(Ananda Sen, J.)

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APK/VK

Jharkhand Police Association Through Its General Secretary Akshay Kumar Ram v. Home Department

Case brief

What is this about?

What did the court decide?

Jharkhand Police Association Through Its General Secretary Akshay Kumar Ram v. Home Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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