HARGOVINDBHAI P PATEL Vs. D G P

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for the direction to the respondents to promote the petitioner to the post of Police Inspector from 04.05.1985 and consider his case for future promotion and to confer upon him all consequential benefits.

(2.) The petition was admitted and rule was issued on 28.09.1987. The petition was ordered to be heard along with Special Civil Application No. 1407 of 1983. The Court has modified the interim relief and directed that promotions, if any of the juniors of the petitioner shall be subject to final decision of the petition.

(3.) Special Civil Application No. 1407 of 1983 was heard and decided by the Division Bench to which the reference was made and the Division Bench vide its order dated 09.10.1990 has held that seniority-cum-merit is not the criterion for promotion to the post of Police Inspector (Unarmed) from the lower ranks of the Police Force. The correct criterion is "merit" as laid down in Rule 53 of the Gujarat Police Manual Volume " I which is enacted in exercise of the powers under Article 309 of the Constitution of India and published in Notification dated 10.01.1964. The Division Bench has also directed the office to place the matter before the Learned Single Judge for proceeding further in accordance with law. Accordingly, the Learned Single Judge of this Court has disposed of the said petition vide his order dated 26.10.1993 and it was observed therein that having regard to the facts and circumstances of the case and the view taken by the Division Bench of this Court in this petition, the petition deserves to be dismissed. The petitioner was not entitled to be considered for the post of Police Inspector.