JUDGMENT :

Deepak Roshan, J.

1. Heard learned counsel for the parties.

2. The petitioner has preferred the instant writ petition for the following reliefs:-

(a) For issuance of an appropriate writ, order or direction, particularly a writ in the nature of mandamus, commanding upon the respondents to grant the specific marks to the petitioner as per the Police Order No. 238/93 as he has passed the Semester-II Training of external and internal subjects conducted during 31.05.2023 to 02.06.2023 and 09.06.2023 to 15.06.2023 respectively in Police Training Academy, Hazaribagh as due to non- granting of marks to the petitioner, his position in the seniority list of Police Sub Inspectors, who have been appointed in the year 2018 in Limited Departmental Examination, has been downgraded.

(b) For issuance of a further appropriate writ, order or direction, particularly a writ in the nature of mandamus, commanding upon the respondents to finalize the seniority merit list of Police Sub Inspectors of 2018 Batch after granting the specific marks to the petitioner in the 2nd Semester as well as Director's/Principal's assessment marks.

3. The brief facts of the case are that the petitioner was appointed in Jharkhand Police on the post of Sub-Inspector of Police and accordingly police order was issued vide Memo No.192/P dated 06.03.2018 by the Police Head Quarter Jharkhand, Ranchi.

4. During the training at the Police Training Academy, Hazaribagh, the petitioner appeared in the 2nd Semester Examination, and on 08.12.2021 in the paper of Indian Constitution and Police Organization, he was found involved in cheating (carrying chit during the examination) and accordingly he was debarred from appearing in examination and was suspended with immediate effect on 08.12.2021. The departmental proceeding was initiated against him and was awarded forfeiture of increment for six months which is equivalent to one black mark.

5. Thereafter, the petitioner again appeared in the 2nd Semester for external as well as written test which was conducted in 2023 and he was declared ‘passed’, but no marks has been granted to him. Hence, this writ application.

6. It has been submitted by Ld. Counsel for the petitioner that the petitioner was not absent/failed in the earlier examination; rather he was debarred therefore he is entitled for the marks which he got in the examination.

7. He further submitted that since the petitioner has been punished in the departmental proceeding as well as the marks has also not been granted in the 2nd Semester and Director/Principal’s Assessment Marks, as such, for involvement of the petitioner in misconduct in the said Paper only, his seniority would be adversely affected, which is nothing but dual jeopardy.

8. Per contra, learned counsel for the Respondents submitted that the seniority of the petitioner has been determined in accordance with the provision enshrined in the Police Manual more particularly Rule 689(c) read along with Police Order No. 102; and in view of the aforesaid Rule and prescribed guidelines, the Final Seniority List is determined for the Sub-inspector of Police in which the petitioner features at Seniority No. 751 and it requires no further interference.

9. Having heard learned counsel for the parties and on perusal of the materials on record, it transpires that when the petitioner was undergoing training at the Police Training Academy, Hazaribagh; during the 2nd Semester Examination held on 08.12.2021, the petitioner was found involved in using unfair means in the paper of Indian Constitution and Police Organization, for which he was debarred from the examination and suspended. A departmental proceeding was also initiated against him, culminating in the punishment of forfeiture of increment for six months equivalent to one black mark. Subsequently, the petitioner appeared in the 2nd Semester Examination conducted in the year 2023 and was declared successful; but no marks were not awarded to him, giving rise to the present wri