2026:JHHC:18410 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S). No. 1340 of 2022 ---------- Harish Kumar Pathak, aged about 54 years, son of late Bhola Pathak, presently posted as Police Sub-Inspector, CTC, Mushabani, East Singhbhum, resident of Block No. 190/2/3, Road No. 9, Adityapur-2, P.O. Adityapur, P.S. R.T.I. Adityapur, Dist. Saraikela-Kharsawan, Jharkhand. ………. Petitioner Versus 1. The State of Jharkhand. 2. The Director General of Police-cum-Chairman, Director General Selection Board, Government of Jharkhand, Police Headquarters, P.O.+P.S. Dhurwa, Dist. Ranchi, Jharkhand. 3. The Deputy Inspector General of Police Personnel, Police Headquarters, P.O.+P.S. Dhurwa, Dist. Ranchi, Jharkhand. 4. The Superintendent of Police, Sahebganj, P.O.+P.S.+Dist. Sahebganj, Jharkhand. ………. Respondents. ---------- CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ----------- For the Petitioner : M/s. Manoj Tandon, Shivani Bhardwaj, Neha Bhardwaj, Siddharth Ranjan, Shubham Kumar, Ritwik Raj, Advocates For the State : Mr. Saurav Mahto, AC to GP-I ---------- 11/ 23.06.2026 In the instant writ application the Petitioner prays for the following reliefs:-. (a) For issuance of writ/order/direction(s) in an appropriate the nature of certiorari for quashing the recommendation of the Director General Selection Board recommendation dated 13/07/2018 and 16/07/2018 by which petitioners claim for promotion to the post of Inspector of Police has been Rejected on the ground of pendency of the departmental proceeding and subsisting currency of major punishment. (b) For direction upon effect to the respondent to give the recommendation of the DG selection board in view of the meeting held on 27/28.05.2020, whereby, petitioner has been found eligible for promotion to the post of Inspector of Police and accordingly petitioner may be promoted to the post of Inspector of Police. (c) Respondent may be directed to consider and promote the petitioner on the post of Inspector of Police from the date, his juniors have been promoted or any other suitable date for which petitioner is entitled thereof. (d) For further direction upon the respondent to give all consequential benefits in the wake of promotion the petitioner is entitled of. 2026:JHHC:18410 2 2. The brief facts of the case are that Petitioner was appointed in the post of sub inspector on 05.07.1991 and “The Director General Selection Board” for promotion of sub inspector to the post of Inspector was held on 13.07.2018/16.07.2018. It further appears that there was an order dated 30.07.2018 in which it is mentioned that all the sub inspector who were recommended for promotion were posted as police inspector. The said promotion was given with a rider that there should not be any criminal proceeding pending before a competent court and there should not be any departmental proceeding pending or there should not be any punishment imposed prior to holding of the meeting of DG selection Board. Again, in the year 2020 similar meeting was conducted and the petitioner was not promoted for the reason that a charge was framed against the petitioner and a departmental proceeding has been initiated against him. 3. The grievance of the petitioner is that the meeting of Departmental Promotion Committee (DPC) was held on 13.07.201/16.07.2018 and the petitioner’s name appears Sl. No. 289 but he was not given promotion on the ground that a departmental proceeding was pending against him. Again, on 02.06.2020, the meeting of DPC was held and on that day, the petitioner was found suitable. 4. Mr. Manoj Tandon, learned counsel for the petitioner draws attention of the Court towards the order passed by the Department in 6 departmental proceedings which was initiated against the petitioner; however, in all these 6 departmental proceeding, either the petitioner was exonerated at the initial stage itself or the Appellate Authority has set aside the order of punishment. 5. Learned counsel specifically submits that in all the departmental proceedings, the petitioner has been exonerated and/or punishment has been set aside, therefore, the petitioner is entitled for promotion 2026:JHHC:18410 3 since the date of DPC held on 13.07.2018/16.07.2018, because the law is no more res-integra, inasmuch as, though the delinquent will not get any promotion if any departmental/ criminal proceeding is pending but if the delinquent is exonerated from the charges or the punishment is set aside at the appellate stage, then he is entitled for promotion from the same date when the DPC meeting was held. Accordingly, learned counsel submits that the promotion to the petitioner should be given from 13.07.2018/16.07.2018, when the juniors or similarly situated to the petitioner were granted promotion from the post of Sub-Inspector of Police to the post of Inspector of Police. 6. Learned counsel for the respondents though could not oppose this contention of the petitioner that in all the departmental proceedings, the petitioner has been exonerated and/or punishment has been set aside; but draws attention of this Court towards para-7 of the counter- affidavit, wherein there is a reference of criminal case which was initiated against the petitioner and the charge-sheet in the said case was submitted on 13.11.2022. 7. For brevity, para-7 of the counter-affidavit dated 08.05.2023 is extracted herein below: “7. That it is humbly submitted that the Petitioner is the Sub- Inspector of Police within District of Sahibganj and he was posted as the Officer-In-Charge of Barhait Police Station in 2020. One Rakhi Kumari, D/o Late Binod Das, resident of N.T.P.C Road, Barhait has given an application on 25.07.2020 to the Superintendent of Police, Sahibganj against the Officer-in-Charge, Barhait Police Station, i.e. the Petitioner. The Superintendent of Police, Sahibganj sent the said Application vide Memo No. 2354/C dated 26.07.2020 to the Sub-Divisional Police Officer, Barharwa for enquiry and report. The Superintendent of Police, Sahibganj is of opinion that the said allegation is grievous and sensitive, and so he constituted a special team for enquiry vide Memo No. 2380/C dated 27.07.2020 and directed the said team to submit their report within 24 hours. He has also issued a Ziladesh No. 798/2020 vide Memo No. 2381/C dated 27.07.2020, in which he has passed an order to suspend the Petitioner. 2026:JHHC:18410 4 An F.I.R. has been registered vide Barhait P.S. Case No. 105/20 against the Petitioner in connection of his illegal action i.e. beating and using abusive language against one Rakhi Kumari. In the said case, Chargesheet vide Chargesheet No. 136/22 dated 30.11.2022 has also been submitted to the learned Court.” 8. Having heard Ld. Counsel for the parties and upon perusal of the entire records; especially the Annexures appended to the Rejoinder, clearly indicates that so far as 6 departmental proceedings which were initiated against the petitioner is concerned; all ended in either exoneration in the initial stage by the Disciplinary Authority or the punishment order has been set aside by the Appellate Authority and the last exoneration was on 10.09.2021. 9. Thus, on 10.09.2021, all the departmental proceedings which were initiated against the petitioner ended in his exoneration either by the Disciplinary Authority at the initial stage or the punishment has been set aside by the Appellate Authority. 10. Therefore, if we go through the facts of the departmental proceedings, the petitioner got exonerated in all 6 proceedings; lastly on 10.09.2021. Therefore, from the angle of departmental proceedings with the exoneration of the petitioner, the petitioner would be entitled for promotion from the date of DPC held on 13.07.2018/16.07.2018 because law is well settled that if the promotion of any delinquent is held-up due to any proceeding and if he has been exonerated later on, his promotion date will relate back to the original DPC. 11. Now, coming to the contention of the respondents that one criminal case is also pending against the petitioner as indicated in para-7 of the counter-affidavit. After going through the said paragraphs and the documents appended thereto; it appears that the said charge-sheet was submitted on 13.11.2022; as such, this will not affect the promotion of the petitioner, inasmuch as, on the date of DPC there was no criminal case pending and the charge-sheet was submitted after the petitioner got exonerated from all the departmental 2026:JHHC:18410 5 proceedings, as stated hereinabove. 12. Having regard to the aforesaid facts and circumstances of the case, this Court holds that the effect of charge-sheet filed in the criminal case will not affect the petitioner so far as the DPC held on 13.07.2018/16.07.2018. Accordingly, this Court further holds that petitioner would be entitled for promotion from the date of 1st DPC which was held on 13.07.2018/16.07.2018 and accordingly, the action of respondents in not granting the promotion to the petitioner from the said date is not sustainable in the eyes of law. 13. Accordingly, the respondents are directed to issue formal order of promotion of this petitioner taking into consideration the date of 1st DPC i.e. 13.07.2018/16.07.2018 when other juniors or similarly situated persons were granted promotion. It goes without saying that all consequential benefits shall also be extended to the petitioner like the similarly situated employees who have been granted promotion from the date of decision of the said DPC. The entire exercise shall be completed within a period of 8 weeks from the date of receipt/production of a copy of this order. 14. With the aforesaid observations and directions, the instant writ application stands allowed. Pending I.A., if any, is also closed. No cost. (Deepak Roshan, J.) 23rd June, 2026 A.F.R. kunal/- Uploaded 02.07.2026