Dineshwar Prasad Singh vs Union Of India And Others
2024 Latest Caselaw 1626 Jhar

Jharkhand High Court

Dineshwar Prasad Singh vs Union Of India And Others on 17 February, 2024

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                          W.P.(S) No. 6123 of 2017
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Dineshwar Prasad Singh ... Petitioner

-Versus-

Union of India and Others ... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. Subham Misrha, Advocate For the Respondents : Mr. Anil Kumar, A.S.G.I. : Mr. Ravi Prakash, C.G.C.

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Order No. 07/ Dated: 17.02.2024 This Writ Petition has been filed on behalf of the to the petitioner to consider his case for his notional promotion to the post of Assistant Sub Inspector, R.R.F. w.e.f. from 01.07.2004 as he has been acquitted by the Criminal Court (Appellate Court) and also for payment of interest on gratuity amount from 31.01.2011 to 12.07.2017 and for other ancillary relief (s).

2. It is submitted that the respondents have filed the counter affidavit and has contested the claim of the petitioner.

3. It appears from pleading that the petitioner was entitled to be considered for promotion w.e.f. from 01.07.2004 after having acquitted in the departmental proceeding but, in the meantime a criminal case was instituted against him and he was convicted by the learned Court below, however the petitioner was acquitted by the learned Additional Judicial Commissioner, Ranchi -XI in Criminal Appeal No. 198 of 2013 vide judgment dated 11.01.2017 from the charges under section 3 of the Railway Property Unlawful Possession Act.

4. It transpires that after acquittal in Criminal Case by the learned Appellate Court, the petitioner has filed representation before the Respondent No. 2 and Respondent No. 3 namely The Chief Security Commissioner, Railway

Protection Force, South Eastern Railways Garden Reach, Kolkata and The Divisional Security Commissioner, Railway Protection Force, South Eastern Railway, Hatia respectively which were sent by the registrar post on 07.09.2017 and same is still pending before the respondents.

5. Under the circumstances, respondent No. 3 namely The Divisional Security Commissioner, Railway Protection Force, South Eastern Railway, Hatia is directed to dispose of representation of the petitioner in the light of Annesure-7 as well as prevailing circular bearing No. Estt. Srf. No. 93 /99 dated 22.04.1999 issued by the prevailing circular for the year 1999 within a period of six weeks after receipt of copy of the order.

(Sanjay Prasad, J.)

Bibha/