- (1.) The instant appeal is at admission stage. However, with the consent of the learned counsel for both the sides, we have taken it on board for its final consideration.
(2.) Being aggrieved of the judgment dated 02.01.2014 handed down by the learned Single Judge in W.P(S) No.2367/2005, dismissing the writ petition declining the relief of ACP Scheme to the appellant/writ petitioner (in short petitioner only), he is before us through the instant Letters Patent Appeal.
(3.) Petitioner was appointed as Sergeant in Police Department of State of Bihar on 17.09.1974 and was promoted to the post of Sergeant Major with effect from 04.06.1988. After bifurcation of the State of Bihar, he was allotted Jharkhand Cadre vide order dated 18.08.2002. He was denied Assured Career Progression (for short 'ACP') by the State when became due on the ground that he was awarded punishment of 'black mark' in year 1998 for an incident of 01.03.1996 and thereafter again he was awarded punishment of 'black mark' in year 2002 for an incident which had taken place on 20.08.2000. The Board was constituted for grant and recommendation of ACP on 20.05.2003 and thereon 01.10.2004, however, at the both the stages, ACP was denied to the petitioner on the ground of unsatisfactory service record. Being aggrieved of the said decision, he filed writ petition W.P.(S) No. 2367 of 2005.;