IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.219 of 2011 RAMAKANT KARNA SON OF LATE JANAK LAL DAS, RESIDENT OF KAKO, P.S. JHANJHARPUR, MADHUBANI, PRESENTLY POSTED AS SUB INSPECTOR OF POLICE, P.S. SONEPUR, DISTRICT SARAN. Versus 1. THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 2. THE INSPECTOR GENERAL OF POLICE, SARAN. 3. THE SPERINTENDENT OF POLICE, SARAN. ----------- 2 20/06/2011 Petitioner wants promotion to the post of Inspector of Police with all consequential benefits with effect from the year 2004 because according to the petitioner he is eligible and was otherwise entitled to such a benefit. Since the benefit did not accrue in favour of the petitioner despite various claims having been made by him before the superiors, he was left with no option but to approach the High Court. Counter affidavit filed on behalf of the State is far from satisfactory. Only thing which the Court can derive from the assertions made therein is that the service book of the petitioner was missing and it is only in the year 2011 that they have managed to put together - 2 - necessary information and a second service book has been reconstructed. It is evident from the counter affidavit that the service book went missing in the hands of the superiors or the respondents and the petitioner to that extent cannot be made to suffer because of certain negligence or act not attributable to him. If non availability of the service book was one of the reasons then this writ application can be disposed of with a clear direction to the Superintendent of Police, Saran at Chapra that he will place all the materials before the competent authority with regard to the claim of the petitioner for promotion on the post of Inspector of Police within a reasonable time frame of three months from today and the concerned authority or the Board thereafter must consider the case of the petitioner within another six months and communicate their decision on the status of the petitioner within the time frame so fixed. It goes without saying that if the petitioner is found eligible from the date being claimed by him, all benefits will accrue to him or the reasons for non consideration also will be communicated within the same time frame. - 3 - This writ application is disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)