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PATNA HIGH COURT
S.B.Sinha and Indu Prabha Singh JJ.
Narayan Sharma
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 6788 of 1991 ;
Decided On : DECEMBER 17, 1992
REVERSION OF POLICE OFFICER - BIHAR POLICE MANUAL, RULE 729(B)(2) - TEMPORARY PROMOTION - LEGALITY - REVERSION OF JUNIORS - POLICY DECISION - FILLING UP OF VACANT POSTS - ENQUIRY - REMUNERATION.
Fact of the Case:
The petitioner, a police officer, was promoted from Assistant Sub-Inspector to Sub-Inspector on a temporary basis for four months, in violation of Rule 729(b)(2) of the Bihar Police Manual. He continued to work in the post for a long time, while his juniors were retained in the same post. The petitioner challenged the order of his reversion.
Finding of the Court:
The court held that the promotion of the petitioner was illegal and contrary to the mandatory provisions of the Bihar Police Manual. However, the court also held that the petitioner should not have been reverted while his juniors were retained in the same post. The court directed the Director General of Police to make an enquiry into the matter and take necessary action.
Issues: 1. Whether the promotion of the petitioner was legal? 2. Whether the petitioner could be reverted while his juniors were retained in the same post? 3. Whether the vacant posts of Sub-Inspector should be filled up?
Ratio Decidendi: 1. Rule 729(b)(2) of the Bihar Police Manual allows Superintendents to promote an Assistant Sub-Inspector to officiate in the rank of Sub-Inspector for a period not exceeding four months. 2. The petitioner's promotion was for a period longer than four months, and was therefore illegal. 3. The petitioner should not have been reverted while his juniors were retained in the same post. 4. The vacant posts of Sub-Inspector should be filled up.
Final Decision: The court quashed the order of reversion of the petitioner and directed the Director General of Police to make an enquiry into the matter and take necessary action. The court also directed that the vacant posts of Sub-Inspector should be filled up.
S.B.Sinha, J.
1. In this application the petitioner has prayed for quashing of an order of reversion dated 16-5-1991 as contained in Annexure 2, the order dated 17-9-91 as contained in Annexure 6 and the order dated 23-9-1992 as contained in Annexure 6 and the order dated 23-9-1992 as contained in Annexure 7 to the writ petition.
2. The fact of the matter lies in a very narrow compass.
3. The petitioner was appointed as a literate constable in the year 1971 and was promoted to the rank of Assistant Sub-Inspector of police on 6-10-1980 A meeting of the Central Selection Board was covened for considering the matter of promotion from the rank of Assistant Sub-Inspector of police to Sub-Inspector of police. Tests were held for the aforementioned purposes from 28-12-1988 to 9-1-1989 in which the petitioner was allegedly declared fit and given promotion to the post of Sub-Inspector of police The order of promotion dated 26-12-1989 is contained in Annexure-1 to the writ application.
4. The petitioner allegedly joined the said post on 1-1-1990. However, by reason of the impugned order dated 16-5-1992 as contained in Annexure 2 to the writ petition he has been directed to be reverted whereas his juniors had been retained in the said post.
5. The petitioner thereafter filed representations and the case of the petitioner was recommended by the Deputy |Inspector General of police. According to the petitioner although he worked from 1-1-1990 to 29-9-1991 but the Superintendent of police reverted him with effect from 15-5-1991 by reason of the order as contained in Annexure 7 to the writ petition.
6. It appears that a copy of the counter affidavit was served upon the learned Counsel appearing on behalf of the petitioner and the rejoinder to the said counter affidavit has been filed on 28-11-1991.
7. A reply to the said rejoinder has been filed. It has been contended on behalf of the respondents that the seniority list of the Assistant Sub-Inspector of police and Sub-Inspector of police are maintained at the State Level and the orders of promotions are issued from Headquarters on the basis of fit list prepared by the Central Selection Board.
8. According to the petitioner, the Range D. I. G. can only give temporary promotion upto four months in terms of Rule 729 (b, (2) of the Bihar Police Manual, and thus the petitioner must be held to have been given officiating promotion for the aforementioned period in terms of Annexure 1 to the writ application.
9. According to the respondents, the position of the petitioner in the State Society list of A. S. I. was 3383 and the serial number upto which, fit list declared by the Central Selection Board is 1654. The respondents have contended that orders have been issued by the Inspector-General of Police to the effect that all persons below serial No. 1042 and which was subsequently changed to serial No. 1185 of the State seniority list of the Assistant Sub-Inspector of police and who has been given ad hoc promotion to the post of Sub-Inspector of the police of general casts, should be reverted forthwith.
10. It has also been contended that a guideline in this regard was sought for by the Deputy Inspector General of police in view of the fact that the petitioner was promoted to the post of sub-Inspector of police on the basis of seniority list of the range, a reply thereto was given to the effect that promotion wag to be given on the basis of State seniority list only.
11. In this case the respondents have also filed a copy of the Memo No. 2217/PI, dated 2-4-1991 which is contained in Annexure-A to the counter affidavit.
12. On 9-11-1992 the petitioner has filed a rejoinder application wherein it has been contended that Hari Narayan Sharma, being at serial No. 16(5) and one Chandra Mohan Ojha have still been working as sub-Inspector of police.
13. Mr. Tej Bahadur Singh learned Counsel appearing on behalf of the petitioner has raised a short question in support of this application. The learned Co
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