IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.958 of 2006 RAM NANDAN SINGH s/o late Jagdeep Singh, Village- Navdiha Kala, P.O. Wazirganj, District- Gaya, presently posted as Sub Inspector of Police, District Police Force, Buxar. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Govt. of Bihar, Patna. 2. Director General of Police, Govt. of Bihar, Patna. 3. Inspector General (Personnel Incharge), Police Headquarter, Bihar, Patna. ----------- 4 8.12.2010 In view of the controversy that was raised in the counter affidavit, this Court thought it proper to ask for production of the service book of the petitioner, in original. The same has been produced in Court and has been perused. Heard the parties and with their consent this application is being disposed of at this stage itself. There were two controversies , which have to be resolved , firstly as to when the petitioner passed his matriculation examination and whether he was granted notional promotion with effect from 1.4.1981.The relevance of which these two would be discussed in the order that is to follow- The petitioner has filed this writ application claiming promotion to the rank of Inspector of Police from the date his juniors have been given promotion. The petitioner was a constable in police. Apart from other promotion, the Director General of Police, Bihar, Patna , vide his memo no. 6329, dated 8.12.1989 granted out of turn promotion to the petitioner to the rank of Sub Inspector of Police with effect from 1.4.1981. This promotion is one of the bone of the - 2 - contentions in the present case. Service book duly reflects recording of this out of turn promotion. Parties acted pursuant thereto. State accepted. It is now when the petitioner seeks promotion as Inspector of police, the Inspector General of Police (Administration) acted wider and held that there appears to be no reason for the Director General of Police to have granted out of turn promotion to the petitioner as was done in 1989.This Court wonders whether it was at all upon to the Inspector General of Police (Administration) to sit in judgment over an order passed by the Director General of police himself. It is not said any where that the petitioner was not entitled to this promotion or Director General of police was in competent to grant promotion. All that is said is that there appears to be no justification for granting promotion. The next bone of the contention is that the petitioner was granted promotion from the post of Hawaldar to Assistant Sub Inspector of Police in 1974 but Inspector General of Police (Administration) finds in his order dated 11.7.2007 that the petitioner had passed his matriculation examination and the entry whereof is in the year 1982, as such he lacks the basic qualification of being promoted as Assistant Sub inspector of Police, which was matriculation. This again is belied if one looks to the service book itself. Though the entry is in the year 1982, the entry itself clearly reveals that the petitioner had passed matriculation in 2nd division in the year 1968 itself i.e. prior his joining police force . I regret that Inspector General of Police (Administration) has glossed over this aspect of the matter. It is because of these two - 3 - reasons ,it is held that the petitioner cannot be granted promotion to the post of Inspector of Police. There is no third reason given even though there are two orders rejecting the claim of the petitioner , one as contained in Annexure 5 passed by Inspector General of Police, (Administration) dated 22.11.2005 and Annexure A to the counter affidavit being order of Inspector General of Police (Administration), dated 11.7.2007. Both these grounds having been found to be nonest and there being no other ground given I am left with no option but to direct the respondents to consider the case of the petitioner for promotion to Inspector of Police from the due date his juniors got the same. I would only like to clarify that once a notional promotion was given from the date it is given, petitioner would consequentially knock up in the seniority list otherwise the notional promotion has no meaning or sense. With the aforesaid observations and directions, the writ petition is disposed of .Let the service book of the petitioner be returned. singh (Navaniti Prasad Singh,J)