IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15535 of 2011 1. Lalan Prasad Singh S/O Hridya Narayan Singh R/O Village- Sarsauna, P.O.- Sonmai, P.S.- Dhanarua, District - Patna 2. Suryakant Lal S/O Late Ram Swaroop Lal R/O Village - Nawdega, P.O.- Narayanpur Dohat, P.S.- Baheri, District – Darbhanga ____________ Petitioners Versus 1. The State of Bihar through the Additional Director General Vigilance Investigation Bureau, Bihar, Patna. 2. The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna. 3. The Deputy Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna _________ Respondents ----------- For the petitioners: Mr. Ram Prakash Singh. For the Vigilance Bureau : Mr. Rama Kant Sharma, Sr. Advocate. --- 02. 14.11.2011 Heard learned counsel for the petitioners and learned senior counsel representing the Vigilance Department. Sketchy kind of documents cannot be the basis for inferring that a separate cadre has been created for the Vigilance Department under the State of Bihar. Whatever documents have been annexed by the petitioners in the writ as well as the so-called rejoinder, it is evident that there have been occasions where Vigilance Department has tried to prevail upon the Government to have a separate cadre for its officers or subordinates but that by itself does not mean that a separate cadre had been created merely because proposals in this regard were initiated at one time or the other. It is the categorical stand of the respondents in the counter affidavit that no separate cadre has been created for the Vigilance Investigation Bureau under the State of Bihar and people are either sent on deputation or are posted in the Vigilance Department from the general cadre of the police to 2 work in the said bureau from time to time. There have been some instances of some direct appointments as well but that by itself does not establish the fact that there is a separate cadre and any promotion/posting or otherwise will be confined to those personnel. Present petitioners are claiming benefit of promotions to the post of Sub Inspectors by seeking a direction or a mandamus upon the respondent Vigilance Bureau to constitute a board and grant them promotions. With the stand of the Bureau being what it is, I think, in my opinion, in absence of any notification or unimpeachable document to show that there is a separate cadre for the Vigilance Department , the prayer made in the present writ application is misplaced if not uncalled for. Respondents have further taken a stand that claims of the petitioners have already been referred to police headquarters and depending upon their seniority emerging from general cadre their cases will be considered in due course and outcome thereof communicated to them. In view of the same there is no merit in the writ application and no direction for treating the petitioners for grant of promotion by way of a separate cadre is required. Writ is dismissed. rkp ( Ajay Kumar Tripathi, J.)