AVTAR SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner, Avtar Singh, is anInspector in the Delhi Police. His case, in this petition under Articles226 and 227 of the Constitution, when extricated from the massof confused details and irrelevancies which clutter the record, fallsunder four main heads. First, there is a question as to the date onwhich he ought to have been confirmed as Sub-Inspector, and theseniority to which he would thereby be entitled. The second questionis whether he was entitled to be considered for promotion to therank of Deputy Superintendent of Police in 1967. Thirdly, whetherthere were any circumstances existing which vitiated the consideration which he received for promotion to that rank in 1970 and 1972.And, fourthly, whether certain adverse remarks made in his annualconfidential report for the period 1969-70 ought to be expunged.I will deal with each of these questions in that order.Confirmation and Seniority

(2.) The petitioner started his career with the Delhi Police as a Constable. He was enrolled on 1/04/1936. In the course oftime he rose to be Head Constable and was confirmed as such on 1/07/1947. But one month earlier, on 1/06/1947, he wasappointed officiating Assistant Sub-Inspector. He continued to officiate till 1/04/1949, on which date he was reverted as HeadConstable. On 15/03/1950, he was appointed officiatingAssistant Sub-Inspector again. Whilst still not confirmed as anAssistant Sub-Inspector, he was appointed officiating Sub-Inspectoron 26/02/1951. He was confirmed as Assistant Sub-Inspector on 8/05/1952. This is an important date as it confines,chronologically, the controversy at one end. The petitioner has nogrievance about the date on which he was confirmed as AssistantSub-Inspector, and anything which happened prior to that date is,therefore, of no consequence.

(3.) For the purposes of regulating promotion amongst enrolledPolice Officers to various ranks, rule 13.1(3) of the Punjab PoliceRules 1934 (P.P.R.) requires six promotion lists to be maintained.The list which regulates promotion to the rank of Sub-Inspector iscalled list E, and is maintained in the office of Deputy InspectorsGeneral Promotion to the rank of Inspector is regulated by list which is maintained in the office of the Inspector-General.