M.Y.EQBAL, J. - (1.) BY this writ application the petitioner -State of Jharkhand has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 5.12.2008 passed by the Central Administrative Tribunal, Circuit Bench at Dhanbad in O.A. No. 105/2007, whereby the Tribunal held that the respondent -applicant should be deemed to be promoted as I.G. of Police from 23.2.1999 and if necessary a supernumerary post should be created. The Tribunal further held that the applicant is required to be conferred with promotion as Additional Director General of Police effective from 29.4.2005 with further observation that consequential order should be passed within two months from the date of the order.
(2.) THE facts of the case lie in a narrow compass. The applicant -respondent filed the aforementioned O.A. No. 105/2007 making a prayer for directing his promotion as Additional Director General of Police (ADGP) taking notice of his entitlement and seniority position. The applicant is an IPS* officer of 1974 batch. In the year 1986 CBI instituted a case against the applicant being CBI Case No. 25/86 -Patna known as "Vardi Ghotala" case, which is still pending. In that case charge -sheet was submitted in March, 1986. In 2005 the applicant moved the Central Administrative Tribunal and in that case the Tribunal gave a direction to the petitioner -State to consider his case for ad hoc promotion in the light of office memorandum 1992. The petitioner -State assailed the said order of Tribunal by filing a writ petition being WPS No. 2192/2006. The writ petition was disposed of with a direction that the Departmental Promotion Committee (DPC) will consider the case for ad hoc promotion of the respondent -applicant and take a decision. In compliance of the aforesaid order the case of the applicant was considered and by Notification dated 13th February, 2007 he was given ad hoc promotion to the post of Inspector General of Police till further order. After getting promotion the applicant again approached the Tribunal in O.A. No. 105/2007 with a prayer that he is entitled for promotion as Additional Director General of Police. The Tribunal, after hearing the parties, held that the DPT Circular dated 14.9.1992 clearly speaks about six months review by the DPC where disciplinary proceeding/criminal prosecution against the employee is not concluded. Since the same has not been done, it shall be deemed that the applicant was deemed fit by DPC for conferment of promotion as I.G. of Police effective from 23.2.1999 when persons junior to him were given promotion. The tribunal further held that the applicant is entitled to promotion as ADGP effective from 29.4.2005.
(3.) MR . R. Krishna, learned Senior Standing Counsel appearing for the petitioner, assailed the impugned order passed by the Tribunal as being illegal and wholly without jurisdiction. Learned counsel has drawn our attention to 1992 Circular and submitted that merely because the applicant was given ad hoc promotion, no right accrued to him for regular promotion with retrospective effect. Learned counsel further submitted that those officers who were junior to the applicant and were given promotion, no criminal proceeding was pending against them. According to the learned counsel, the Tribunal cannot assume that the applicant was entitled to promotion.;