Jharkhand High Court
Basil Kerketta vs The State Of Jharkhand Through The ... on 17 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6407 of 2019
Basil Kerketta ... ... Petitioner
Versus
1. The State of Jharkhand through the Principal Secretary, Department
of Home, Prison and Disaster Management, Government of
Jharkhand, Ranchi
2. The Director General of Police, Jharkhand, Ranchi
3. The Inspector General of Police, Office of the Director General of
Police, Jharkhand, Police Headquarter, Ranchi
4. The Deputy Inspector General of Police (Personnel), Office of the
Director General of Police, Jharkhand, Police Headquarter, Ranchi
5. The Senior Superintendent of Police, Ranchi
6. The Additional Chief Secretary, Department of Personnel,
Administrative Reforms and Rajbhasha, Government of Jharkhand,
Ranchi ... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
-----
For the Petitioner : Mr. Sumeet Gadodia, Advocate
Mrs. Aanya, Advocate
Mr. Ankit Kumar, Advocate
For the Respondents : Mr. Indranil Bhaduri, SC-IV
Mr. Vineet Prakash, AC to SC-IV
-----
Order No. 08 Dated: 17.08.2023
The present writ petition has been filed for
quashing/setting aside the District Order No. 5589/2019 dated
21.11.2019 (Annexure-8 to the writ petition) passed by the
respondent no. 5 - the Senior Superintendent of Police, Ranchi,
whereby the petitioner has been reverted from the post of Assistant
Sub-Inspector of Police (A.S.I) to the post of Writer Constable
without due application of mind and without giving due opportunity
of hearing to him. Further prayer has been made for quashing the
letter as contained in memo no. 9526 dated 25.10.2019 (Annexure-4
to the writ petition) issued by the respondent no. 5 by which the
petitioner has been directed to show cause as to why he should not
be reverted from the post of Assistant Sub-Inspector of Police to the
post of Writer Constable. The petitioner has also prayed for
quashing/setting aside the order as contained in memo no. 1044/P
dated 15.10.2019 (Annexure-5 to the writ petition) issued by the
respondent no. 4 - the Deputy Inspector General of Police
(Personnel), Jharkhand, Ranchi, whereby the said respondent has
reverted the petitioner from the post of Assistant Sub-Inspector of
Police to the post of Writer Constable in utter violation of the
principles of natural justice and without giving any opportunity of
hearing to him. The petitioner has further prayed for a declaration
that the letter as contained in memo no. 1863 dated 26.02.2015 and
the letter no. 4786 dated 01.06.2015 (Annexure-6 series to the writ
petition) issued by the Department of Personnel, Administrative
Reforms and Rajbhasha, Government of Jharkhand, are not
applicable in the facts and circumstances of the case, as the
petitioner is not claiming promotion on the basis of Matriculation
Certificate issued by Hindi Vidyapith, Deoghar specially because he
has already applied for qualifying examination for being considered
for promotion to the post of Assistant Sub-Inspector of Police prior to
issuance of the said letters and also qualified in the same.
2. A counter affidavit has been filed on behalf of the
respondent no. 2 - the Director General of Police, Jharkhand on
03.08.2023, paragraph nos. 4, 5, 6 and 7 of which read as under:
4. That it is submitted that in view of the judgment
passed by the Hon'ble High Court of Jharkhand in
W.P.(S) No. 3115 of 2015 and other analogous matter
as well as subsequent decision passed in W.P.(S) No.
6373 of 2018 and other analogous matter, an order
was issued as contained in memo no. 86/P dated
27.01.2023, wherein the petitioner was granted
promotion to the post of Assistant Sub-Inspector of
Police. It was made clear in the order that the
financial benefit will be extended from the date of
joining on the post and the decision for promotion will
be subject to the decision by the Department of
Personnel, Administrative Reforms and Rajbhasha,
Government of Jharkhand.
5. That it is humbly submitted that in view of memo
no. 86/P dated 27.01.2023, the office of the
respondent no. 5 issued order as contained in memo
no. 1283 dated 07.02.2023, wherein it is decided to
grant the benefit of promotion to the petitioner from
04.02.2023.
6. That it is humbly submitted that in view of the
abovementioned order issued by the answering
respondent, the grievance of the petitioner is
redressed as he is promoted on the post of Assistant
Sub-Inspector of Police from the date of joining.
7. That it is submitted that as the grievance of the
petitioner is redressed, the writ petition may be
disposed of.
3. In view of the aforesaid statements made in the counter
affidavit filed on behalf of the respondent no. 2, there is no need to
further proceed in the present matter.
4. The writ petition is accordingly disposed of.
5. At this juncture, learned counsel for the petitioner submits
that since by reasons of the impugned orders of the respondent
authorities, the petitioner was reverted to the original post of Writer
Constable and subsequently, as per order contained in memo no.
86/P dated 27.01.2023 issued by the respondent no. 4 and Ranchi
District Order No. 517/2023 contained in memo no. 1283 dated
07.02.2023 issued by the respondent no. 5, he has been granted
regular promotion on the post of Assistant Sub-Inspector of Police
with effect from 12.09.2018, however, financial benefits has been
granted to him with effect from 04.02.2023 (i.e., the date of joining
on the promoted post). Hence, the petitioner may be given liberty to
challenge the said orders dated 27.01.2023 and 07.02.2023 so far as
his claim for financial benefits are concerned.
6. Considering the said submission, the petitioner is granted
liberty to the said extent.
(Rajesh Shankar, J.)
Manish
