Patna High Court - Orders
The State Of Bihar & Ors vs Syed Haider Ali Rizvi on 25 October, 2010
Author: S.K. Katriar
Bench: S.K. Katriar
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.614 of 2000
1. THE STATE OF BIHAR through Home Commissioner, Bihar, Patna.
2. The Director General and Inspector General of Police, Bihar, Patna.
3. The Inspector General of Police (Adms.) Bihar, Patna.
............Appellants.
Versus
SYED HAIDER ALI RIZVI
..........Respondent.
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5 25.10.2010None appears on behalf of the appellants. Heard Mr. Tej Bahadur Singh, learned counsel for the respondent.
2. We find on record I.A. No. 2721 of 2000, seeking condonation of the delay in filing the appeal. In the facts and circumstances of the case, we condone the delay in filing the appeal. I.A. No. 2721 of 2000 is accordingly disposed of.
3. This appeal under Clause 10 of the Letters Patent of High Court of Judicature at Patna, raises a grievance with respect to the order dated 29.07.1999, passed by a learned Single Judge of this Court, in C.W.J.C. No. 10376 of 1997, whereby the writ petition has been disposed of with the following directions;
"Considering the facts and circumstances of the case and the submissions advanced at the bar, Respondent no. 3 is directed to consider the case of the petitioner for promotion on the post of Dy. S.P. with effect from the date his juniors were promoted, within a period of three months from the date of receipt/production of a copy of this order. It is made clear that the authorities concerned shall take decision in the matter upon the representation filed by the petitioner in the light of the order passed by this Court in M.J.C. No. 783 of 1998 as contained in Annexure 8."
4. We have perused the materials on record and considered the submissions of the learned counsel for the respondent. It appears that the 2 learned Single Judge for the reasons assigned in his order, directed the authorities to consider the case of the writ petitioner for promotion to the post of Dy. S.P. with effect from the date his juniors were promoted. In other words, the authorities have been directed to make comparative assessment of the case of the petitioner along with persons junior to him and already promoted, for consideration of his case for promotion. We do not find any infirmity in the order. The appeal is dismissed.
(S.K. Katriar, J.) ( Birendra Prasad Verma, J ) Anjani/M.Rahman