- (1.) HEARD counsel for the parties.
(2.) THE grievance of the petitioner arises on account of the notification dated 20.8.2010 contained in memo no. 1577 by which he has been denied promotion to the post of Assistant Commissioner of Excise w.e.f. 31.5.2007 on the ground that he has superannuated on 31.7.2009 and could not have joined on the promoted post retrospectively. This petitioner had earlier come before this Court in W.P.S. No. 1838 of 2009 with a grievance relating to promotion to the post of Assistant Commissioner of Excise and Deputy Commissioner of Excise which was not being considered and granted to him. Learned Single Judge of this Court vide judgment dated 14.9.2009 disposed of the writ petition in the following manner: - "The counter affidavit states that the petitioner has to be considered for regular promotion to the post of Assistant Commissioner of Excise and thereafter he may be considered for the promotion for the reserved/vacant post (roster no.2) of Deputy Commissioner, Excise. It has also been stated that if promotion is granted, the question of financial benefits with retrospective effect will be given by the instruction issued by the Government memo dated 04.04.1985. Considering these averments made in the counter affidavit, the writ petition is finally disposed of with the direction to the respondents to consider the petitioner for the two regular promotions in accordance with the procedure and in accordance with petitioner's seniority in the gradation list of Superintendent of Excise within two months each for the two promotions, claimed by the petitioner. The decision will be communicated to the petitioner also. This writ petition is disposed of, as above .
(3.) THEREAFTER , the petitioner pursued the contempt petition being Contempt(Civil) No. 184 of 2010. The Departmental Promotion Committee(D.P.C.) meeting was held on 26.4.2010, minutes of which is part of Annexure -14 annexed to the writ petition. The said minutes of the D.P.C were obtained by the petitioner under R.T.I and had also been filed along with its reply to the show cause in Contempt(Civil) No. 184 of 2010 i.e. enclosed as Annexure -14 to the present writ application as well. The D.P.C was presided over by the Chairman i.e. Member, Board of Revenue, Jharkhand and was comprised of the Principal Secretary of the Excise Department and the Excise Commissioner as well. It made recommendation in favour of the petitioner that he is entitled to be promoted to the post of Assistant Commissioner of Excise w.e.f. 31.5.2007. It also recorded in the said minutes that for promotion to the next higher post of Deputy Commissioner of Excise the minimum period prescribed for the incumbent to remain on the post of Assistant Commissioner of Excise is 4 years, which obviously the petitioner had not been able to fulfill after he was found fit for promotion to the post of Assistant Commissioner of Excise on 31.5.2007. The petitioner had retired on 31.7.2009 before the recommendation for promotion was made. The minutes also stated that the opinion of the Finance Department be taken before issuing order of any promotion to the petitioner.;