Writ petition challenging refusal of promotion to Dy.S.P. communicated after retirement. Promotion had been denied in 2018 due to a departmental punishment of withholding of increment, which was set aside only in 2020. The court held the denial was valid based on materials then available and dismissed the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1772 of 2020
Fulan Nath, S/o Late Jitendra Nath, R/o Amba Nagar, Pandra, P.O Hehal, P.S., Pandra, District- Ranchi
... … Respondent(s)
CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
----For the Petitioner : M/s. Rajendra Krishna, Advocate For the Resp-State : M/s. Kunal Chandra Suman, A.C. to G.P.II.
08/05.08.2024 Heard the parties.
The petitioner has filed this writ petition for quashing of letter dated 02.06.2020 vide letter no. 12/P5-1001-2020-1918 (Annexure-10) issued under the signature of Additional Secretary, Home, Prison and Disaster Management whereby and wherein, the petitioner was communicated that he cannot be given promotion to the post of Dy.S.P. after his retirement on 31.10.2019.
The case of the petitioner for his promotion to the post of Dy.S.P. was considered in the year 2019. Promotion was denied to the petitioner as he was held guilty in a departmental proceeding and he was imposed a punishment of withholding of one increment
with cumulative effect. The petitioner subsequently challenged the order of punishment in W.P.(S) No. 2913 of 2019 and the order of his punishment was set aside on 17.01.2020.
The decision to deny the promotion to the petitioner was taken in the year 2018 itself when the punishment of withholding of one increment with cumulative effect was still in force. The respondents denied him promotion after considering the materials which were available on the record at that time. There is no illegality in the decision of respondents refusing to grant him promotion as at the time of taking this decision the materials available on the record were taken under consideration.
This writ petition is dismissed.
Pending I.A. If any, also stands disposed of.
(Ambuj Nath, J.)
Saurabh Uploaded
1 issue framed by the court
Whether promotion to Dy.S.P. could be denied on the basis of a departmental punishment later set aside, where the denial decision predated its quashing.
Fulan Nath
The State of Jharkhand
The Additional Secretary, Home, Prison and Disaster Management, Govt. of Jharkhand
Director General cum Inspector General of Police
The D.I.G. East Singbhum (Kolhan Range), Chaibasa
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
