NARENDRA NATH TIWARI, J. - (1.) BOTH the writ petitions raise a common grievance and contain a similar prayer and as such troth the cases have been taken up together and are being disposed of by a common order.
(2.) IN both the writ petitions the petitioners have prayed for a direction on the respondents to take steps for filling up the vacancies of the Indian Police Service (I.P.S) cadre in the State of Jharkhand from amongst the eligible officers of the State Police service as per the provisions of Indian Police Service (Appointment by Promotion) Regulations, 1955 thereinafter referred to as 'the said regulations']. It has been stated that about 8+4 posts are vacant and are to be filled up by way of promotion under the said regulations. It has been stated that the Director General -cum -Inspector General of Police, Jharkhand has recommended the names of the officers of the state Police Service to be considered for promotion to the I.P.S. cadre for the State of Jharkhand. The petitioners have claimed that they possess all the eligibility and requirements to be considered for their promotion to the I.P.S cadre, but in spite of the vacancies, their names have not been processed by the State Government for consideration by the Union Public Service Commission (U.P.S.C) for appointment to the I.P.S cadre by way of promotion. The petitioners made several requests and filed representations, but till date their grievance has not been redressed. Ultimately the petitioners have taken resort to this Court. A counter affidavit has been filed in W.P(S) No. 765/07 wherein it has been stated that the Slate Government has already sent proposal of eligible candidates to the U.P.S.C for consideration for promotion. The State Govt. is only the recommendatory authority and the U.P.S.C has to lake final decision and issue notification for their appointment to the I.P.S cadre. It has been further submitted that the A.C.R of all the candidates has been sent to the U.P.S.C batting some cases in which complete A.C.R has not been (sic) by the concerned respondents.
(3.) MR . D. Jerath as also Mrs. A. R. Choudhary, learned Counsel appearing on behalf of the petitioners, submitted that the respondents have not taken notice of the guidelines of the Department of Personnel & Training, Government of India issued in July 1988 wherein it has been clearly provided that in the cases in which the CRs of the officers for some period cannot be written for some valid (sic) place in the C.R dossiers of the officers concerned indicating the reasons as to why the CRs for particular period cannot be written. The State government may furnish the statements indicating the position of the CRs showing the period of the CRs as are available in the C.R dossiers and the statements showing the period for which the C.R is not available, but a certificate has been placed in the C.R dossiers indicating the reason for which the C.R has not been written.;