AMARESHWAR SAHAY, J. - (1.) HEARD Mr. V. Shivnath learned counsel appearing for the petitioner and Mr. Saurav Arun learned counsel appearing for the State.
(2.) THE only prayer of the petitioner us stated in para 1 of the writ application is for direction to the respondents to declare that the petitioner has been promoted as Sub -Inspector of Police w.e.f. 20th August, 1994, on the ground, which has been formulated in para 3 of the writ petition by the petitioner, that the respondents have no jurisdiction to deny the promotion of the petitioner to the post of Sub -Inspector of police, when the petitioner has been exonerated from the charges made in Departmental proceeding Nos. 94/91 and 3/95. It is stated in the writ petition that by issue of Annexure -1, the order dated 20.12.1995, the petitioner was promoted to the post of Sub -Inspector from the post of Asst. Sub -Inspector w.e.f. 26.8.1994, but the benefit of the promotion was denied to the petitioner by the Supdt. of Police on the sole ground that the departmental proceedings were pending against him.
(3.) THE petitioner has further stated in the writ application that he was held guilty in both the departmental proceedings and thereafter he filed departmental appeal before the Deputy Inspector General of Police and both the appeals filed by the petitioner were allowed and the petitioner was exonerated from the charges made in departmental proceeding Nos. 94/91 and 3/95. This statement has been made in paragraph 16 of the writ application. It has further been stated in paragraph 17 of the writ application that the Deputy Inspector General of Police by his order dated 31.10.1998 while allowing the appeal also directed that in view of acquittal from the charges the petitioner was entitled to be promoted to the post of Sub -Inspector of Police.;