Bindeshwar Singh vs The State of Bihar and Others

On the matter being called, no one has appeared to submit on the appeal.

This appeal arises out of an order dated 18 January, 2001 on C.W.J.C. No. 6911 of 1998 : Subhas Yadav v. The State of Bihar and Ors. This appeal has been filed by Respondent No. 4.

The Petitioner claimed out of turn promotion to the rank of Assistant Sub-Inspector (ASI) of Police in terms of Rule 660C of the Bihar Police Manual. He had a rival as Respondent No. 4 Bindeshwar Singh who had also received out of turn promotion.

Upon going through the entire record of the writ petition and the present appeal, the Court finds that the learned Judge has committed no error firstly in denying the relief to the Petitioner that he be granted out of turn promotion and secondly cancelling the promotion out of turn which was granted to the Respondent Appellant. Further, learned Judge was also of the view, as he has recorded it so, that despite notice Respondent Bindeshwar Singh did not appear to defend his promotion.

In the circumstances, the Court does not find any error in the order of the learned Judge dated 18 January, 2001 so as to interfere with it on the appeal.

Dismissed.