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?