AMARESHWAR SAHAY, J. - (1.) Heard the parties and with their consent this writ application is being disposed of at this stage itself.
(2.) IN this writ application the petitioner has prayed for quashing of the order dated 26.8.2004 contained in Annexure -9 issued under the signature of the Director General of Police (Headquarter) Bihar, Patna, by which the claim of the petitioner for 'out of turn' promotion from the post of Sub -Inspector of Police to Inspector of Police has been rejected. The grievance of the petitioner is that vide Annexure -9, the claim of the petitioner has been rejected on the ground that in course of combat with the terrorist the petitioner had only lead the team but he did not fire on the terrorist and, therefore, on comparison with the other police officials his performance was not found to be of high standard. It appears that subsequently by issue of Corrigendum contained in Annexure -10. by the office of the Director General of Police (Headquarter), Bihar, Patna it was notified that by mistake it was mentioned that the petitioner had not fired in course of combat, rather he had fired. It is submitted that the rejection of claim of the petitioner for 'out of turn' promotion was made on wrong facts and on non -existent ground.
(3.) A counter affidavit has been filed on behalf of the respondent No. 3 Director General of Police (Headquarter), Jharkhand, Ranchi. In para 9 thereof it has been stated that the Director General of Police, Bihar, after careful consideration, has rejected the claim of the petitioner by a reasoned order. Nothing has been stated in the counter affidavit about the issuance of Annexure -10, i.e. the subsequent corrigendum issued on 3.5.2005, by which the earlier factual mistake as contained in Annexure -9 was rectified.;