DALIP SINGH Vs. LT GOVERNOR DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner, who is a police officer, seeks in this writ petition to quash the order dated 6th September 1968 (copy of which is Annexure A to the petition) passed by the Inspector-General of Police Delhi transferring him as Sub-Inspector, Special Branch, from his position as officiating Inspector. He has prayed for a further direction that the officers junior to him may not be confirmed to his prejudice since, if he succeeds in the petition, he would be entitled to be placed in the rank of Inspector from the date of the impugned order which according to him is a case of illegal reversion to a lower post with out any inquiry. A few facts which have led to this petiton may be noticed.

(2.) The petitioner was confirmed as Sub-Inspector of Police at Delhi on 13th September 1954, having joined the Punjab Police as a Constable on 1st October 1937, at Simla. He had been promoted as Head Constable on 27th September 1944 (not 1st September 1944, as stated in the petition) and as an Assistant Sub-Inspector on 1st April 1949 at Rohtak. On 29th August, 1950 (not 28th August 1950 as stated in the petition) he was posted as an Assistant Sub-Inspector at Delhi, and as Sub-Inspector at Delhi on 23rd January 1953. His name was brought into, what is called, the 'F' List in Decemer 1958 by the Inspector- General of Police (Punjab) on the recommendation of the Inps- Inspector-General of Police, Delhi. It is seen from the 'F' list (coyp of which is Annexure D) that the petitioner's name was at the top of that list. According to Rule 13.3 of the Punjab Police Rules, the Inspector-General of Police, who is charged with the duty of maintaining the promotion list ('F') of Sub-Inspectors and Sergeants, has to notify the Deputy Inspector-General of a Range when a substantive vacancy in the rank of Inspector is to be filled by an officer under his control. According to Rule 13 .15 recommendations on behalf of Sergeants and Sub-Inspectors considered fit for promotion to the rank of Inspector shall be submitted with their annual confidential reports on the 15th April each year to the Deputy Inspectors-General by Superintendents of Police in the prescribed form. After the Deputy Inspector- General makes his own recommendations about the fitness of the officers to be recmommended the Sub-inspectors will be admitted to 'F' list who would be placed in that list according to the date of permanent promotion to selection grade.

(3.) Rule 16.33 relates to removal of name from a promotion list: this may follow from the award of punishment for a specific offence or even on general grounds. Even though a formal charge need not be framed or evidence recorded, in either case an order shall be recorded in writing and given effect to through an entry in the Order Book. The original order of the authority ordering removal shall be read out to the officer concerned, but a copy thereof shall not be given to him since no appeal was provided against it.