Disposed

Krishna Kumar Sharma v. the State of Bihar and Ors.

Patna HC20 Jul 2012CWJC/6459/2006

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a police constable with athletic achievements, sought out-of-turn promotion. The High Court directed the Director General of Police to consider a detailed representation within three months and pass an reasoned order.

What did the court decide?

Directed the Director General of Police to consider a detailed representation within three months and pass a reasoned order.

Krishna Kumar Sharma Vs the State of Bihar and… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 6459 of 2006 ====================================================== Krishna Kumar Sharma, son of Prabansh Sharma, resident of village – Jhunathi, P S – Parasbigha, District - Jehanabad .... .... Petitioner/s Versus 1 The State Of Bihar 2 The Secretary, Department of Home (Police), Government of Bihar, Patna 3 The Director General and Inspector General of Police, Bihar, Old Secretariat, Patna 4 The Inspector General of Police, Personnel, Old Secretariat, Patna 5 The Deputy Inspector General of Police, Personnel, Old Secretariat, Patna 6 The Superintendent of Police, Gaya .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Vinay Ranjan, Advocate For the Respondent/s : Mr Mohan Kumar Singh, AC to GP 20 ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 3 20-07-2012 The petitioner joined Police Service as Constable in January, 1995. Being in service and noticing his athletic aptitude, he was selected for the sports team and took part in various national and international events representing the Bihar Police. He received many gold medals having come first in those

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Patna High Court CWJC No.6459 of 2006 (3) dt.20-07-2012

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competitive athletic events on All India basis and also at international meets.

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By this writ petition, he has prayed that as per Police Order issued in the past and follow, he is entitled to out of turn promotion which the Department should consider and grant him as an award.

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A counter affidavit has been filed in which it is stated that in the year 2002, the Department had stayed the implementation of that policy decision taken. The letter of the Government in that regard has been annexed as Annexure A to the counter affidavit being letter No 1011 dated 24.09.2002 from the Department of Home (Police), Government of Bihar. A perusal of that order itself clearly shows to the contrary. That order clearly states that earlier pursuant to decision of the State, Department had issued letter dated 06.11.1998 suspending the operation of the said decision to grant out of turn promotion which the Department has now removed. Apparently, that being so, unless there is some other specific provision inhibiting grant of such out of turn promotion to athletes of exceptional ability, petitioner has a legitimate expectation to be considered for the same.

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I, accordingly, direct the petitioner to make a detailed representation to the Director General of Police, Bihar

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Patna High Court CWJC No.6459 of 2006 (3) dt.20-07-2012

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who would consider the matter and take a decision according to Police Order and other relevant considerations in this regard hopefully within a period of three months from the date representation is filed. The order passed would give reasons and would be communicated to the petitioner accordingly.

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With this observation and direction, this writ

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petition stands disposed of.

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M.E.H. /-

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(Navaniti Prasad Singh)

Krishna Kumar Sharma v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Krishna Kumar Sharma v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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