- (1.) THE present writ petition has been filed for issuance of an appropriate writ, order or direction, commanding upon the respondents to give promotion to the petitioner to the post of Deputy Superintendent of Police with retrospective effect from 1.2.1993 with all consequential benefits on the ground that the petitioner is holding the post of Deputy Superintendent of Police, Ranchi Traffic with effect from 22nd of August, 2005.
(2.) THE facts in brief are summarized as under; The petitioner was appointed as Sub -Inspector of Police on 1.7.1976 on the basis of a competitive examination conducted by the Bihar Police Service Commission, Patna, and pursuant to training at P.T.C., Hazaribagh, he was posted to various districts and discharged his duties with devotion and dedication. The petitioner submits that he was rewarded for his good service records on various occasions. He was also given cash award of Rs.500/ -for maintaining communal harmony. It is submitted that the petitioner was promoted as Inspector of Police in the year 1982 and dealt with many important matters and got the crime under control and maintained law and order. His confidential record was equally excellent. According to him he was recommended for Presidents Police Medal. Based on the recommendation the petitioner was awarded Presidents Police Medal for meritorious service on the occasion of Republic Day in the year 1996. The main contention raised by the petitioner is that having been awarded the Presidents Police Medal, he was entitled to out -of -turn promotion in accordance with Rule 660C of the Bihar Police Manual. It is further submitted by the petitioner that his name was recommended for such out -of -turn promotion in the year 1991 vide S.P. Dhanbads Memo No. 1976 dated 19.8.1991 and the same was recommended by the Deputy Inspector General, Bokaro but his case was turned down for out -of -turn promotion as per the Central Selection Board held on 27.7.1995.
(3.) ACCORDING to the petitioner, his name was again recommended for out -of -turn promotion in 1995 but it was again turned down vide order dated 22.11.1996 by the competent authority which, according to the petitioner, is illegal and arbitrary and violative of Rule 660C of the Bihar Police Manual. The petitioner has cited an example stating that out -of -turn promotion was granted to one Raj Kumar Yadav. .The petitioner has further submitted that the Central Selection Board held in between 9.11.1996 to 11.11.1996 again turned down the claim of the petitioner for out -of -turn promotion, which was again circulated vide Memo no. 8840 dated 4.12.1996. ;