Patna High Court
Bipin Kumar vs The State Of Bihar on 28 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2855 of 2021
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Bipin Kumar, Son of Sri Kameshwar Paswan, Resident of Village- Kajichak,
P.O.- Ratanpur, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Home (Police), Department, Bihar, Patna.
3. The Principal Secretary, General Administration Department, Bihar, Patna.
4. The Director General of Police-cum-Inspector General of Police, Bihar,
Patna.
5. The Additional Director General of Police, Head Quarter, Bihar, Patna.
6. The Inspector General of Police, Bhagalpur Zone, Bhagalpur.
7. The Inspector General of Police, (Welfare), Bihar, Patna.
8. The Deputy Inspector General of Police (Personnel), Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Respondent/s : Mr. Sheo Shankar Prasad, SC-8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 28-01-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. Heard learned counsel for the parties.
3. In the instant petition, the petitioner has prayed for the
following reliefs:
"(I) To issue an appropriate order/s, direction/s including
a writ preferably in the nature of CERTIORARI for
quashing the order as contained in memo No. 330 P-2
dated 17-01-2002 passed by the respondent No.04
(Hereinafter referred to as Director General of Police-
cum-Inspector General of Police) Bihar, Patna whereby
Patna High Court CWJC No.2855 of 2021 dt.28-01-2022
and where under the petitioner has been given promotion
to the post of Steno Sub-Inspector with effect from
issuance of letter instead of 01-10-95 as such juniors to
the petitioner have been given promotion to the said post
w.e.f. 01-10-95.
(II) To quash the letter No. 648/P-2 dated 25-02-15 issued
from the office of respondent No.7 (Hereinafter referred
to as Inspector General of Police (Welfare), Bihar, Patna
whereby and where under the claim of the petitioner for
his promotion to the post of Steno Sub-Inspector w.e.f.
01-10-95 has been rejected having found services of the
petitioner unsatisfactory not hence qualified for the
promotion and affirmed order as contained in memo
No.330 P2 dated 17-01-2002 by which the petitioner has
been given promotion to the post in question from the
issuance of such letter.
(III) To direct the respondent No. 04 to promote the
petitioner to the rank Steno Sub-Inspector w.e.f. 01-10-95
and give inters seniority as such juniors to him have been
considered for the same.
(IV) To direct the respondents to make the payment of
monetary benefit and other admissible benefits w.e.f. 01-
10-1995.
(V) To any other relief/s to which the petitioner may be
found entitled in the facts and circumstances of the case."
4. The petitioner had cause of action on 17.01.2002 and
25.02.2015 respectively for the purpose of seeking promotion to
the post of Steno Sub-Inspector w.e.f. 01.10.1995.
Patna High Court CWJC No.2855 of 2021 dt.28-01-2022
5. There is enormous delay and laches on the part of the
petitioner in presenting the present petition. The Apex Court in the
case of P.S. Sadasivaswamy vs The State of Tamil Nadu,
reported in 1975 SCR (2) 356 held that for the purpose of
promotion one must approach within a period of six months.
6. In the present case, there is delay and laches for
number of years and it is unexplained. That apart, the Apex Court
decision in the case of State of Jammu and Kashmir V/s.
R.K.Zalpuri and others reported in AIR 2016 SC 3006 at
paragraph-20 it is discussed delay and laches issue in not
entertaining writ petition under 226 of the Constitution of India.
Therefore, the present writ petition stands dismissed in the light of
the principle laid down in the case of P.S. Sadasivaswamy
(supra).
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.02.2022
Transmission Date NA
