Per Virender Singh, C.J.:

1. The instant appeal is at admission stage. However, with the consent of the learned counsel for both the sides, we have taken it on board for its final consideration.

2. Being aggrieved of the judgment dated 02.01.2014 handed down by the learned Single Judge in W.P(S) No.2367/2005, dismissing the writ petition declining the relief of ACP Scheme to the appellant/writ petitioner (in short petitioner only), he is before us through the instant Letters Patent Appeal.

3. Petitioner was appointed as Sergeant in Police Department of State of Bihar on 17.09.1974 and was promoted to the post of Sergeant Major with effect from 04.06.1988. After bifurcation of the State of Bihar, he was allotted Jharkhand Cadre vide order dated 18.08.2002. He was denied Assured Career Progression (for short 'ACP') by the State when became due on the ground that he was awarded punishment of 'black mark' in year 1998 for an incident of 01.03.1996 and thereafter again he was awarded punishment of 'black mark' in year 2002 for an incident which had taken place on 20.08.2000. The Board was constituted for grant and recommendation of ACP on 20.05.2003 and thereon 01.10.2004, however, at the both the stages, ACP was denied to the petitioner on the ground of unsatisfactory service record. Being aggrieved of the said decision, he filed writ petition W.P.(S) No. 2367 of 2005.

4. It was pleaded before learned Single Judge on behalf of the petitioner that in terms of the decision rendered in Ram Anugrah Singh Vs. State of Bihar reported in 1992(1) PLJR 502, three years as stipulated under Rule 726 (III) of Jharkhand Police Manual (for short 'Police Manual') should be calculated from the date of occurrence on which the wrong was done and not from the date on which punishment is awarded. However, the State relied upon the decision rendered in other case of Sri Girish Deo Pandey Vs. State of Jharkhand through Director General of Police, Ranchi and others reported in 2010(2) JLJR 331 wherein it is held that gap of three years shall be counted from the date of infliction of major punishment and not from the date on which the wrong was done. Learned Single Judge noticing that there was a contrary view on this issue, referred the matter to the Division Bench by framing the following question :-

“As to whether period of three years as prescribed under Rule 726(III) of the Jharkhand Police Manual shall commence from the date of the award of punishment or shall commence from the date of the incident for which police officer was punished on the subsequent date?”

5. The matter was thus considered by the Division Bench in which it was held that the ratio of the judgment in case of Sri Girish Deo Pandey (Supra) on the point of prospective operation of the punishment from the date of order of penalty shall be applicable only to the officers in the rank of Deputy Superintendent of Police and the said judgment was clarified accordingly. The matter was thus remitted before the learned Single Judge for deciding the issues and the factual aspect in the light of the answer made to the reference.

6. Admittedly, in view of the decision taken by the Division Bench in the reference matter, the decision taken in Ram Anugrah Singh (Supra) wherein it has been held that three years as stipulated under Rule 726(III) of Police Manual shall be calculated from the date of occurrence on which the wrong was done and not from the date on which punishment is awarded, would prevail in the case of the petitioner.

7. The learned Single Judge, however, after examining the case of the petitioner and the relevant documents on record, dismissed the claim of the petitioner for the benefit of ACP observing in Para 8 as under :-

“8. On a perusal of documents on record, I find that the petitioner was inflicted punishment in the year, 1995 besides the punishment order dated 17.01.1998 which was awarded to him for the incident dated 01.03.1996. The benefit under the A.C.P. Sche