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2015 Supreme(Jhk) 713

APARESH KUMAR SINGH
Ram Shanker Roy – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Dr. Ashok Kumar Singh & A.K.Choudhary
For the Respondents:M/s. Jai Prakash, Sr. Advocate, AAG & Rishi Pallav, JC to AAG.

ORDER

1. Heard learned counsel for the parties.

2. The petitioner is aggrieved by a Notification No.10188 dated 17.10.2014, Annexure 9, by which he has been demoted to the post of Under Secretary to which post he was promoted earlier by Notification No.5583 dated 24.6.2013, Annexure 5. He consequently prays for restoration of his promotion with all other attendant monetary benefits etc. The petitioner has also made a prayer to grant him promotion w.e.f. 31.8.2009 on which date his juniors were promoted.

3. The brief facts to decide the controversy raised therein are being noticed herein-below:

4. The petitioner is a member of Jharkhand Administrative Service, who was promoted to the post of Junior Selection grade by Memo No.807 dated 17.2.2004. The petitioner got implicated in a criminal case being Dhanbad P.S.Case No.433/2006 under Section 376 IPC. Charge sheet against him has been submitted in the criminal case on 16.8.2008. The petitioner's case for promotion was considered in a DPC held on 27.8.2009 and it was kept in a sealed cover. Petitioner made a representation after four years on 2nd May,2013 just prior to the DPC held on 4.6.2013. The representation is at Annexure 3 to th











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