IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2618 of 2008 Jai Mangal Roy, son of Late Sadhu Roy, village Basmanpur, PS Motihari Mufassil, district East Champaran, at present Assistant Sub Inspector of Police, Samiagarh O.P. (Under Ghoshwari PS), district Patna – Petitioner. Vs. 1) The State of Bihar through Principal Home Secretary (Police) Department, Bihar, Patna. 2) Finance Commissioner cum Secretary, Finance Department, Patna. 3) Director General of Police, Bihar, Patna. 4) Additional Director General of Police(Head Quarter), Patna. 5) Inspector General of Police (Personnel), Head Quarter, Patna. 6) Inspector General of Police, Patna Zone. 7) Deputy Inspector General of Police, Central Range, Patna. 8) Senior Supdt. Of Police, Patna. 9) Sri Kundan Krishnan, Senior Supdt. Of Police, Patna - Respondents. 2 30.3.2011 This writ petition has been filed making a prayer that the petitioner who has been promoted to the rank of Assistant Sub Inspector of Police on 1.3.1990, should be granted the said promotion with effect from 1.11.1989. The second prayer is that he should will be entitled to the further promotion as Sub Inspector of Police from 22.12.2005. From the pleadings it appears that the petitioner was awarded major punishment by the Superintendent of Police, Madhepura. Apparently the major punishment was quashed by the D.I.G. of Police Kosi Range. It is being pleaded that the name of the petitioner has already been considered for the higher promotion to the rank of Sub Inspector of Police as respondent no.5, I.G. of Police, (Personnel), Head Quarter, Patna has already prepared a list vide memo, dated 7.1.2006. The list aforesaid is not annexed to the writ petition. The petitioner has also not given details or annexed documents which would indicate the date on 2 which he was granted major punishment and the order by which the major punishment was quashed by the higher authority. The assertions of the petitioner is that the departmental proceedings were quashed by the D.I.G. of Police, Kosi Range, Saharsa and paragraphs 6 and 7 have not been denied in the counter affidavit. A stand has been taken in the counter affidavit that the question of promotion to the rank of Sub Inspector of Police as well as the grant of A.C.P. to the petitioner was placed before the Central Selection Board which was held on 10.3.2008 and 7.3.2008. It has also been mentioned that the Central Selection Board called for the service records of the petitioner and found that a departmental proceeding vide Patna District Proceeding No. 55/2007 is pending against the petitioner. The counter affidavit does not say a word with respect to shifting of date of promotion of the petitioner from 1.3.1990 to 1.11.1989. The Central Selection Board which decides the matter of promotion has not been made a party in this writ petition. The pleadings in the counter affidavit are not complete and sufficient and as such this court cannot pass any positive order. I accordingly direct the Inspector General of Police, Bihar, Patna to examine the service records of the petitioner and ascertain the facts with respect to the pleadings that the departmental proceeding has been quashed. Respondent no. 6 after examining the said service records will forward his comments to the Central Selection Board for its consideration. If it is found that in fact the petitioner’s promotion to the post of Sub Inspector has 3 been rejected on erroneous grounds, the fact will be brought to the notice of the Central Selection Board so that the error may be corrected and the petitioner may get an opportunity to be given the promotion. At present the petitioner who is posted as Assistant Sub Inspector of Police, Samiagarh (O.P.) under Ghoshwari police station in Patna district may file a representation before respondent no.6 within six weeks from the date of receipt of a copy of this order. Respondent no. 6 should pass an order recommending or rejecting the petitioner’s case within three months thereafter. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)