Bhaskar Jyoti Nath v. The State of Assam and 3 Ors

ORDER

13.12.2024

Heard Mr. B. Chakraborty, learned counsel for the petitioner and Mr. C.K.S. Baruah, learned Govt. Advocate appearing for the State respondents. Having regard to the nature of case projected by the petitioner, the writ petition is taken up for disposal at this stage. [2.] The case of the petitioner is that he should be considered for Adhoc promotion to the next higher post of Inspector of Police as more than two (2) years has lapsed since the holding of the last DPC i.e., 10.10.2021. Support in this regard is taken on the case of Union of India –Vs-K.V. Jankiraman (1991) 4 SCC 109, and also, the Office Memorandum dated 14.09.1992, issued by the Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training. According to the petitioner, he had submitted a representation before the Director General of Police through proper channel on 03.07.2024 and therefore, the limited prayer made is that the said representation be considered in accordance with law and disposed of within a time frame by way of a speaking order. [3.] Mr. C.K.S. Baruah, learned Govt. Advocate submits that as per instructions by him, the representation has been forwarded by the Superintendent of Police, Dhubri to the Inspector of Police (Administration), issued vide letter dated

11.07.2024. Page No.# 3/3 [4.] Considering the above position, this writ petition is disposed of with a direction to the Director General of Police, Assam (respondent No. 2) to consider the representation submitted by the petitioner on 03.07.2024 in accordance with law within a period of four (4) weeks from the date of receipt of a certified copy of this Order by passing a reasoned and speaking order. The order to be passed shall be communicated to the petitioner without any delay. The petitioner shall also submit a copy of the writ petition along with a certified copy of this Order to the respondent No. 2.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010202912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5087/2024o BHASKARoJYOTIoNATHo SONoOFoANANDAoNATH,o RESIDENToOFoVILL-oMERUWABARI,o P.O.-oJAIKAIBOWA,oDIST.-oMAJULI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o GOVT.oOFoASSAM,oHOMEoDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAMoPOLICE oASSAMoPOLICEoHEADoQUARTERS o ULUBARI oGUWAHATI oASSAM-o781007. 3:THEoDEPUTYoINSPECTORoGENERALoOFoPOLICEo(ADMIN) oASSAM oGUWAHATI oASSAMoPOLICEoHEADoQUARTER o ULUBARI oGUWAHATI oASSAM-o781007. 4:SUPERINTENDENToOFoPOLICE oDHUBRI oDHUBRIo Page No.# 2/3 Advocate for the Petitioner : MR. B CHAKRABORTY, MS. RIA TIWARI,MRS P HAZARIKA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO