IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
C.W.P. No. 17627 of 2007
Date of Decision: Nov. 5, 2008
Jaswinder Singh ................................................... Petitioner
Versus
State of Punjab and others ................................ Respondents
Coram: Hon'ble Mr. Justice Ashutosh Mohunta
Hon'ble Mr. Justice Rajan Gupta
Present: Mr. Jatin Salwan, Advocate
for the petitioner.
Ms. Charu Tuli, Sr. DAG, Punjab,
for respondent Nos. 1 to 4.
....
ASHUTOSH MOHUNTA, J. (Oral)
The petitioner has prayed for quashing the orders Annexures
P/4 and P/5 vide which his ORP rank of Sub Inspector was withdrawn.
The petitioner joined the service of the Punjab Police as a
Constable. He was promoted as Head Constable on 1.2.1992. He was
granted out of turn ORP rank of Assistant Sub Inspector (ASI) on 6.9.1992
with the condition that he will not claim seniority over his seniors. The
petitioner was further granted out of turn ORP rank of Sub Inspector on
28.7.1994.
Certain persons who were senior to the petitioner approached
this Court by filing various Civil Writ Petitions, one of them being CWP
[ 2 ]
C.W.P. No. 17627 of 2007
No.1815 of 1999 which was decided with a direction that the cases of all
the persons who had secured out of turn promotion be reconsidered.
Accordingly, in the year 2005 a committee was constituted in the office of
the Director General of Police, Punjab, to consider the claim of the
petitioner and other police personnel who had done good work on the anti-
terrorist front. The case of the petitioner and all other persons who had got
fortuitous/ORP promotions to the rank of ASI were considered. In the case
of the petitioner, it was found that the petitioner had been given two ORP
ranks of ASI and Sub Inspector. After reviewing his case, he was allowed
to continue as ASI. However, the ORP rank of Sub Inspector was
withdrawn on the ground that the petitioner had done no substantial or
outstanding work against the terrorists.
Counsel for the petitioner submits that the petitioner had done
outstanding work on the terrorist front, therefore, he be allowed to retain the
ORP rank of Sub Inspector.
In reply to the aforementioned contention raised by the counsel
for the petitioner, counsel for the State submits that the petitioner had done
no outstanding work on the terrorist front. Learned counsel further submits
that the entire case of the petitioner was considered by the committee which
recommended that the ORP rank of Sub Inspector be withdrawn.
We have heard counsel for the parties at length.
A perusal of the aforementioned facts shows that the petitioner
had been granted two out of turn promotions to the rank of ASI as well as to
the rank of Sub Inspector. Various persons who were senior to the
petitioner had been superceded by the petitioner.
[ 3 ]
C.W.P. No. 17627 of 2007
In view of the aforementioned facts, we are of the considered
view that the petitioner was not entitled to two ORP ranks of ASI as well as
Sub Inspector. The entire matter has already been considered by a High
Powered Committee constituted by the Director General of Police, Punjab,
which has taken into account the entire work done by the petitioner. In view
of the aforementioned facts, the petitioner is not entitled to retain the ORP
rank of Sub Inspector which has rightly been withdrawn after considering
his entire case.
The writ petition is dismissed.
( ASHUTOSH MOHUNTA )
JUDGE
( RAJAN GUPTA )
JUDGE
5.11.2008
rupi