2025:JHHC:21633 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2850 of 2025 Murari Kumar, son of Bulchand Prasad, resident of village Puran Bigha, P.O Pawapuri, P.S. Pawapuri, District- Nalanda ….. Petitioner. Versus 1. State of Jharkhand through the Principal Secretary, Home Prison and Disaster Management, Govt. of Jharkhand at Project Building, Dhurwa, Ranchi. 2. D.G.-cum-Commandant General, Home Guards and Fire Services, Govt. of Jharkhand, Rajendra Chowk, Doranda, Ranchi. 3. The Deputy Inspector General of Police (DIG), Home Guards and Fire Services, Govt. of Jharkhand, Rajendra Chowk, Doranda, Ranchi. 4. The Commandant, Home Guards and Fire Services, Govt. of Jharkhand, Rahendra Chowk, Doranda, Ranchi. 5. Reshmi Kumari, presently posted as Company Commander at Chaibasa, District- Chaibasa, Jharkhand. 6. Kamta Prasad Singh, presently posted as Company Commander at CRPF, Dhurwa, Ranchi. 7. Guddi Devi, presently posted as Company Commander at Godda, District- Godda, Jharkhand. 8. Pramod Kumar, presently posted as Company Commander at Headquarters, Ranchi, CRPF Headquarters, Dhurwa, Ranch. ….... Respondents. ------ CORAM : SRI ANANDA SEN, J. ------ For the petitioner(s): M/s. Abhay Kumar Mishra, Krishna Prajapati and Adya Mishra, Advocates. For the State: Mr. Anil Kr. Singh, AC to GP-I. ------ 04/04.08.2025: The grievance of the petitioner is that his promotion to the post of 'Jamadar Lipik' from the post of 'Adhinayak Lipik' has been cancelled by the Department. 2. It is the contention of the petitioner that the petitioner was recommended by the appropriate authority and thereafter he was promoted and the official order was issued way back on 24.3.2017. It is further contended that before revoking the order of promotion, the petitioner was not even noticed and no opportunity of hearing was given to him. The counsel for the petitioner further submitted that in the counter affidavit the respondents have come up with plea that there was no post of 'Jamadar Lipik' on the date when the petitioner was promoted. He also submitted that the aforesaid submission is not correct as he is armed with several circulars and letters, which will clearly suggest that there were posts and other persons were also promoted in the said post. He further submits that since the petitioner was not even given any opportunity of hearing, he could not place his case before the authority concerned. 3. Learned counsel for the State submits that admittedly no opportunity of hearing was given to the petitioner, but since there was no sanctioned post on the date when the petitioner was promoted, thus vide Annexure-9 to the writ petition, he was reverted. 4. After hearing the parties, I find that when the order of reversion was passed, the petitioner was not given opportunity of hearing. Admittedly, the Board found the petitioner eligible to be promoted to the post of 'Jamadar Lipik' and formal order of promotion was also passed, which is at Annexure-6 to the writ petition. The respondents have taken plea that there was no post of 'Jamadar Lipik, but from the documents, I find that the nomenclature of the post was changed. 5. Admittedly, the petitioner was not given opportunity of hearing before the reversion order was passed. The order of reversion adversely affected the petitioner, thus the petitioner should have been given the opportunity of hearing. It is the case of the petitioner that he is armed with several circulars and letters which suggest that the petitioner was entitled for promotion and the petitioner was actually granted the promotion as per Rules, but the respondent authorities have recalled the same on the plea that there was no sanctioned post. As per the petitioner, the said plea is not correct, which he could have easily placed before the authority, if the opportunity of hearing was given to him. The petitioner also submits that his representation is still pending for consideration and suffice it would be, if a direction is given to the Deputy Inspector General of Police (DIG), Home Guards and Fire Services, Govt. of Jharkhand (respondent No. 3) to consider the representation of the petitioner and pass an appropriate order, after giving at least one opportunity of hearing to him. 6. Considering the aforesaid submission, I direct the petitioner to approach the Deputy Inspector General of Police (DIG), Home Guards and Fire Services, Govt. of Jharkhand (respondent No. 3) by way of filing fresh representation within four weeks from today, annexing all the documents/circulars, which he is relying upon, in support of his promotion, and also in respect of the fact that there was sanctioned post in which, the petitioner was promoted on the date of promotion i.e. in the month of March 2017. If such representation is filed, an opportunity of hearing should be given to the petitioner and thereafter his representation should be disposed of in accordance with circulars within a period of four weeks, thereafter and copy of the reasoned order should be handed over to the petitioner. 7. With the aforesaid observation and direction, this writ petition stands disposed of. Anu/-Cp3. (ANANDA SEN, J. )