MADAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The present Regular Second Appeal arises out of the judgment dated April 14, 1977, passed by the Additional District Judge, Delhi which upheld the Order of the trial court dated July 26, 1974.

(2.) The appellant/plaintiff filed a suit against the respondents for a declaration to the effect that he was entitled to be considered for promotion to the post of Head Constable and the Order dated June 1,1970, rejecting his prayer for promotion be held as null and void.

(3.) The appellant who has since retired on September 30, 1994, was in police service at Delhi as constable having joined this Department in the year 1955. It is stated that his record of service throughout was good and the appellant also earned several commendation certificates from his superiors and the next higher post which could be offered to him on promotion was that of the Head Constable. The appellant passed the test in this regard and was, therefore, ripe and eligible for consideration to the post of Head Constable. His name was brought on the promotion list dated November 25, 1961 which, it is contended, meant that on the availability of vacancy he was entitled to promotion and appointment on higher post as a matter of right.The appellant was involved in some minor incident sometime in the year 1961. He along with other four officers were on duty. A bull came chasing a cow and that blocked the traffic and an enquiry was held into this alleged incident and on the basis of the report of the enquiry officer the Superintendent of Police awarded the punishment of forfeiture of three years approved service and also suspended consideration for promotion for that period by order dated December 14, 1961.