Jharkhand High Court
Menka vs The State Of Jharkhand on 1 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2820 of 2020
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Menka, aged about 48 years, daughter of Late Lalu Prasad Hemant,
presently residing at Vasundhara Apartments, Near Argora Chowk, P.O
and P.S. Argora, District-Ranchi ... Petitioner
-Versus-
1. The State of Jharkhand
2. Secretary, Department of Food, Public Distribution and Consumer
Affairs, Government of Jharkhand.
3. Joint Secretary, Department of Personnel, Administrative Reforms and
Rajbhasha, Government of Jharkhand.
... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Indrajit Sinha, Advocate
For the Respondent-State : Mr. Manish Mishra, G.P.-V
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Order No.06 Dated 01st February, 2021
Heard Mr. Indrajit Sinha, learned counsel for the petitioner and
Mr. Manish Mishra, learned counsel for the respondent-State.
2. This writ petition has been heard through Video Conferencing
in view of the guidelines of the High Court taking into account the situation
arising due to COVID-19 pandemic. None of the parties have complained
about any technical snag of audio-video and with their consent this matter
has been heard.
3. The petitioner has preferred this writ petition for a direction to
consider the case of the petitioner for promotion from Sub-Divisional Officer
and equivalent grade to Additional Collector and equivalent grade and to
other higher posts in view of the fact that punishment inflicted on the
petitioner vide memo no.8912 dated 09.10.2015 has lots its effect.
4. Mr. Indrajit Sinha, learned counsel for the petitioner submits
that the petitioner joined in service on 08.03.1999 on the post of Deputy
Collector-cum-Executive Magistrate in the District of Vaishali in the State of
Bihar. Thereafter, upon cadre bifurcation, the petitioner was allotted
Jharkhand Cadre and the petitioner is currently posted as Under Secretary in
the Department of Food, Public Distribution and Consumer Affairs,
Government of Jharkhand. The petitioner's name figured at serial number
816/03 in the gradation list of the cadre bifurcation.
5. Learned counsel for the petitioner further submits that while the
petitioner was posted as the Block Develoment Officer, Jama, Dumka, a
department proceeding was initiated against the petitioner. Pursuant to the
departmental proceeding, the punishment was imposed for withholding of
one increment with non-cumulative. He also submits that due to that
punishment the case of the petitioner has not been considered as yet for
promotion. However, the effect of that punishment has already lost its force.
He also submits that the petitioner had already made a representation vide
Annexure-4 of this writ petition. He further submits that the identical matter
was disposed of by the co-ordinate Bench of this Court in W.P.(S) No.2447 of
2016 with a direction to consider and pass an appropriate order, this writ
petition can be disposed of in terms of that order.
6. Mr. Manish Mishra, learned counsel for the respondent-State
has got no objection, if the writ petition is being disposed of in the same line.
7. In view of the above facts and considering the representation and
judgment of a Co-ordinate Bench of this Court in W.P(S) No.2447 of 2016,
the writ petition is being disposed of directing the petitioner to file a fresh
representation along with all the credentials on which the petitioner is relying
for such relief before respondent no.2 within a period of three weeks from today.
8. If such representation is filed within the aforesaid period, the
respondent no.2 shall take a decision in accordance with rules and regulations,
guidelines and considering the judgment of Co-ordinate Bench of this Court in
W.P.(S) No.2447 of 2016 and pass the speaking order within a period of 8 weeks'
thereafter.
9. With the above observation and direction, the instant writ petition
stands disposed of.
(Sanjay Kumar Dwivedi, J.)
Raja/-
