IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12523 of 2002 Niranjan Kumar, s/o Sri Rajdeo Sharma, resident of Village-Dhuriyari, P.S.- Ghoshi, District-Jehanabad at present posted as Constable in the B.M.P.-10 at Patna. ………………… Petitioner Versus 1. The State of Bihar. 2. The Director General-cum-Inspector General of Police, Bihar, Patna. 3. The Additional Director General, Bihar Military Police, Bihar, Patna. 4. The Commandant, Bihar Military Police-10 Patna, Bihar. ………………….. Respondents ----------- 3 9/7/2009 Heard the parties. Prayer of the petitioner in this writ application reads as follows : - “That this is an application for issuance of a writ in the nature of mandamus commanding and directing the Respondents to consider and recommend the name of the petitioner for out of turn promotion to the rank of Havaldar in view of the police order no. 219/90 X.P. dated 7.10.90 considering his participation and outstanding performances in the All India Police games in the event of Basketball in succession for years thereby enabling the Bihar Police to secure high positions and further for directing the respondents to accord all the consequential benefits accruing to the petitioner after such promotion and further for any other writ/writs, order/orders , direction/directions to which the petitioner may be found entitled to in view of the facts and circumstances stated hereinafter.” Mr. Ganesh Prasad Singh, learned Senior counsel for the petitioner would submit that during pendency of this writ application the petitioner has been given promotion on the post of Assistant Sub-Inspector of Police (A.S.I.) in the normal channel. He, however, would submit that had the claim of the petitioner for an out of turn promotion on account of his being accomplished sportsman as claimed in this writ petition been allowed his seniority in the cadre of A.S.I. could have gone much higher. 2 In view of the fact that there is nothing on record before this Court to show that the petitioner has already been given promotion by way of normal channel, the petitioner if so advised may file a fresh representation to the concerned authority who would decide the claim of the petitioner for retrospective promotion and consequential seniority of the petitioner afresh in accordance with the provision of Bihar Police Manual and also without being influenced by the impugned order. It is, however, made clear that this Court has expressed no opinion on the merits of the aforesaid claim of the petitioner. With the aforesaid observations and directions this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)