High Court Punjab-Haryana High Court

Ramesh Kumar vs State Of Punjab And Others on 17 November, 2009

Punjab-Haryana High Court
Ramesh Kumar vs State Of Punjab And Others on 17 November, 2009
C.W.P. No. 17584 of 2009                                    1



        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH


                                           C.W.P. No. 17584 of 2009
                                DATE OF DECISION: November 17, 2009


Ramesh Kumar                                         .........PETITIONER(S)


                                 VERSUS



State of Punjab and Others                           ......RESPONDENT(S)



CORAM: HON'BLE MR. JUSTICE AJAI LAMBA


Present: Mr. Manu K. Bhandari, Advocate,
         for the petitioner.


AJAI LAMBA, J. (ORAL)

This civil writ petition has been filed under Article 226 of the

Constitution of India praying for issuance of a writ quashing promotion

order Annexure P-16 dated 31.08.2009 vide which the private respondents

who are junior to the petitioner have been promoted as Assistant Sub

Inspector of Police and the petitioner has been ignored.

Learned counsel contends that for the promotion to the post of

ASI, Rule 13.1 of the Punjab Police Rules is a relevant provision. It has

been asserted on behalf of the petitioner that the petitioner is eligible for

promotion and the case of the petitioner was required to be considered for

promotion particularly because the penalty of forfeiture of three years’

service permanently was imposed on 04.08.2005. The period elapsed in
C.W.P. No. 17584 of 2009 2

August 2008. Persons junior to the petitioner have been promoted on

31.08.2009. Learned counsel further has drawn the attention of the Court

towards Annexure P-2 endorsed on 25.11.1994 issued by Director General

of Police to the effect that criteria adopted by Departmental Promotion

Committee would confine the effect of major punishment i.e. forfeiture of

service for the period of punishment only. Learned counsel states that the

major penalty imposed on the petitioner has been challenged in this Court.

De hors the result of the writ, the petitioner is entitled to promotion. So far

as minor penalty is concerned, the same could be effective only for one

year.

Be that as it may, aggrieved by the action of the respondents in

not considering the petitioner for promotion, the petitioner filed

representation Annexure P-17 dated 23.09.2009. No decision thereon has

been taken. It has been contended that the case of the petitioner was not

even forwarded to Departmental Promotion Committee.

Considering the contentions made above and pleadings in the writ

petition, I am of the considered opinion that the petitioner is entitled to be

informed about the reasons for ignoring the petitioner for promotion.

Representation vide Annexure P-17 has already been made.

Considering the totality of facts and circumstances of the case,

Inspector General of Police, Zone-I, Punjab, Patiala is directed to consider

the representation of the petitioner Annexure P-17 and pass a speaking and

reasoned order which shall be conveyed to the petitioner. In case the

petitioner wants to be heard personally, the opportunity shall be given.

Disposed of accordingly.

C.W.P. No. 17584 of 2009 3

Decision be taken within four months from the date of receipt of

certified copy of the order.

17.11.2009                                                  (AJAI LAMBA)
  shivani                                                       JUDGE



1. To be referred to the reporters or not?

2. Whether the judgment should be referred in the digest?