Jharkhand High Court
Md. Shabbir Ahmad vs The State Of Jharkhand & Anr on 4 March, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case(Civil) No. 89 of 2021
...........
Md. Shabbir Ahmad ...........Petitioner
Vs.
The State of Jharkhand & Anr. ..............Respondents
With
Cont. Case(Civil) No. 596 of 2020
...........
Nagendra Paswan ...........Petitioner
Vs.
The State of Jharkhand & Anr. ..............Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioners : Mr. Saurabh Shekhar, Advocate
For the State : Mr. Sachin Kumar, A.A.G.-II
Mr. Gaurav Raj, Advocate
........................
10/04.03.2022.
These petitions have been taken up through Video Conferencing in view of
the guidelines of the High Court taking into account the situation arising due to
COVID-19 pandemic.
Let Contempt Case (Civil) No. 596 of 2020 be detached from Contempt
Case (Civil) No. 89 of 2021 as it has been submitted that order has been complied
with in Contempt Case (Civil) No. 596 of 2020.
Let Contempt Case (Civil) No. 596 of 2020 be placed before the National
Lok Adalat scheduled to be held on 12.03.2022.
Contempt Case (Civil) No. 89 of 2021
A show-cause has been filed by the opposite parties wherein it has been
stated that the case of the petitioner has been considered and the promotion of the
petitioner w.e.f. 11.01.2016 has been rejected. It has been submitted that reasoned
order has been passed.
The Court has perused the order dated 19.08.2020 passed in W.P.(S) No.
1759 of 2021 wherein it has been observed as under:-
"Having heard learned counsel for the parties, the Court has
perused the Annexure-1 wherein the reasons of non-
consideration of the case is said to have been non-availability of
ACR and for that fault, the petitioner is not responsible. It was
the duty of the respondentsState to produce the ACR as it is in
the custody of State. Thus, the petitioner cannot be set at guilt
for non-availability of ACR. The contention of learned counsel
for the respondents-State is not tenable. So far contention of
learned counsel for the petitioner with regard to order of juniors
are not challenged, is also not tenable in view of the fact that
the petitioner is not claiming parity with them, the petitioner
merely prays for consideration of his case. The petitioner is only
praying for consideration of his promotion in view of Article 16
of Constitution of India. Thus, both objections of learned
counsel for the respondents are not acceptable to the Court.
The Court directs the petitioner to approach the
respondent no.2 by way of filing fresh representation along
with all the credentials on which the petitioner is relying within
three weeks from today. If such representation is filed within
the aforesaid period, the respondent no.2 shall take a decision
within a period of eight weeks in accordance with rules,
guidelines and precedents."
In the said order it has been clearly observed that there is no laches on
the part of the petitioner so far as ACR is concerned.
In the supplementary affidavit Circular dated 14.08.2015 has been
brought on record by the petitioner which speaks that self appraisal form requires to
be furnished on 1st April to 31st March. The appraisal form was required to be filed.
This Circular is dated 14.08.2015 meaning thereby that any of the employee was
required to be filed his appraisal from 1st April to 31st March of subsequent year i.e.
2016. Whereas this Court has already held that there was no laches on the part of
the petitioner and it was incumbent upon the authority concerned to consider the
case of the petitioner in the light of discussions made therein and held in that order.
This Court has already referred judgment in the case of "Promotee Telecom
Engineers Forum & Others Vs. Deptt. Of Telecommunications, (2008) 11 SCC 579
(para 20).
Learned counsel for the opposite parties-State are directed to
reconsider the case of the petitioner and file supplementary show-cause within four
weeks in the light of order passed in the writ petition as well as order dated
07.01.2022 and the order passed today.
Let this matter appear after four weeks on the assigned day.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
