IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10209 of 2009 RAJESHWAR KUMAR SINGH, SON OF LATE SHEO BALAK SINGH, RESIDENT OF VILLAGE BHADWAR, P.O. BHADWAR, P.S. CHANDI, DISTRICT BHOJPUR, BIHAR----PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME(POLICE) SECRETARIAT, BAILEY ROAD, PATNA, BIHAR. 2. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HOME(POLICE), GOVERNMENT OF BIHAR, PATNA, BIHAR. 3. THE SPECIAL SECRETARY, DEPARTMENT OF HOME(POLICE), GOVERNMENT OF BIHAR, PATNA, BIHAR. 4. THE JOINT SECRETARY, DEPARTMENT OF HOME(POLICE), GOVERNMENT OF BIHAR, PATNA, BIHAR. 5. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, POLICE HEAD QUARTER, PATNA, BIHAR---RESPONDENTS. ----------- 03. 24.08.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner superannuated with effect from 31.1.2002 while serving as Dy. Superintendent of Police. His case for promotion as Senior Dy. Superintendent of Police was rejected in the meeting of the Departmental Promotion Committee vide minutes dated 22.12.2008 as would appear from the information furnished to the petitioner in response to his request filed under the Right to Information Act vide letter bearing No. 1458 dated 20.3.2009, Annexure-4, wherefrom it is evident that on the date of his retirement petitioner was subjected to departmental proceeding, his case for promotion was rejected with retrospective effect by the Departmental Promotion Committee on 22.12.2008. 3. Counsel for the petitioner with reference to the chart, Annexure-16 submits that while considering the case of the petitioner for promotion as Senior Dy. S.P., the authorities were misled by incorrect fact, that on the date of consideration petitioner was subjected to departmental proceeding as also was not confirmed on the post of Dy. S.P. According to learned counsel, both the facts used - 2 - against the petitioner for not promoting him as Senior Dy.S.P. are misconceived as the departmental proceeding stood concluded in the light of the orders of the Hon’ble Supreme Court vide order bearing No. 14021 dated 22.12.2006, Annexure-15 as also petitioner stood confirmed as Dy. S.P. on the date of his consideration for promotion. 4. Let the petitioner represent before the Director General and Inspector General of Police, Bihar, Patna, who should consider the same in the light of the fact that departmental proceeding stood concluded under order dated 22.12.2006 with punishment of recovery of Rs.46,950/- as also the fact that petitioner stood confirmed before the date of retirement and pass appropriate orders in accordance with law as early as possible, in any case within three months from the date of receipt of the representation of the petitioner along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)