YOGENDRA KUMAR PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has joined the service on 29.01.1979. Persons junior to the petitioner, shown at serial no. 7 and onwards (Annexure 27 to the writ petition), were given benefit of ACP. Petitioner was denied benefit of ACP on the ground that petitioner was awarded punishment of 'censure' in the year 2002, as communicated to the petitioner on 10.07.2002, vide Annexure 24.

(2.) MRS. Ritu Kumar, learned counsel for the petitioner vehemently argues that petitioner was entitled for benefit under the first ACP with effect from 09.08.1999, as was given to the other similarly situated persons as shown in Annexure 27 dated 04.03.2005. She further contends that this benefit could not have been denied to the petitioner, simply because petitioner was awarded punishment of 'censure' in the year 2002; There was no punishment order as on 09.08.1999 against the petitioner.

(3.) LEARNED counsel for the State Mr. R.N. Roy, G.P. III, assisted by Mr. Jalisur Rahman, J.C. to G.P. III, has fairly stated that let the petitioner be directed to move a representation within 15 days from today, claiming the benefit of ACP and decision thereon shall be taken in accordance with law preferably within 60 days, and punishment of 'censure' awarded in 2002 shall not be treated as disqualification for the benefit, which otherwise would have accrued to the petitioner in the year 1999.