Back
K. VINOD CHANDRAN, HARISH KUMAR
Gangeshwar Sharma, Son of Late Ram Charan Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
K. VINOD CHANDRAN, C.J.
The writ-petitioner is the appellant, who seeks promotion to the post of Senior Deputy Superintendent of Police (Sr. Dy.S.P.). The appellant was aggrieved with the fact that his claim to the post of Sr. Dy.S.P was rejected ignoring the fact that his juniors were given such promotion; that too on the only ground that the appellant was not confirmed as Dy. Superintendent of Police (Dy.S.P.). It is the case of the appellant that the appellant’s retrospective promotion itself was after his retirement.
2. The impugned judgment held that the appellant has not produced any material to show that he was confirmed in the final seniority list of Dy.S.P. On the above finding, the writ petition was dismissed with a cost of Rs. 5,000/-to be remitted to the Patna High Court Legal Services Committee. Liberty was also reserved to file a fresh petition with fresh materials.
3. Obviously, the appellant does not have any further material to be produced and hence the appeal has been filed.
4. Learned counsel for the appellant took us through the writ petition and the documents produced therein to show us that there were persons who were promoted along with him; or rather o
A Deputy Superintendent of Police must pass the Accounts examination as per Rule 648(b) of the Bihar Police Manual to be confirmed in the post and eligible for further promotion.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Principle of accelerated/jump up seniority would not be applicable and petitioner was required to be considered as per seniority list of Inspectors for induction into H.P.P. Services.
Promotional rights in employment are subject to employer discretion and cannot be claimed retroactively without clear evidence of wrongful delay or bad faith.
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled seniority.
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled seniority.
The main legal point established in the judgment is that the promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee, as per the Sealed Cov....
Retrospective promotion cannot be claimed as a matter of right when disciplinary proceedings or penalties were operative at the time of the Departmental Promotion Committee (DPC) assessment, and prom....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
