HOME DEPARTMENT Vs. RAJENDRA SINGH NAYAK

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present cases, the writ appeals were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Appeal No. 1157 / 2019 are narrated hereunder.

(2.) The present Writ Appeal is arising out of the common order dated 10/12/2018 passed by the learned Single Judge in Writ Petition Nos. 10404/2018, 10405/2018 and 10428/2018.

(3.) Facts of the case reveal that the respondent in the present appeal, who was the petitioner, has filed a Writ Petition being aggrieved by order dated 2/5/2018 by which his promotion was cancelled. He was appointed on the post of Constable in the year 1994 and was promoted to the post of Head Constable in the year 2011. In the year 2015 he was considered for promotion to the next higher post of Assistant Sub-Inspector of Police and a fitness list was published for promotion. His name was included in the fitness list and he was promoted finally by order dated 17/7/2015. The another important aspect of the case is that based upon the representations of two Head Constables namely; Rajesh Handa and Suresh Kushwaha dated 19/7/2016 the promotion order of the petitioner was cancelled by order dated 2/5/2018. In the representations Rajesh Handa and Suresh Kushwaha who were also the Constables, stated that the petitioner was promoted to the post of Head Constable and he had submitted his joining in the night ie., on 02/12/2011 at 12:00 O'clock and, therefore, he has not completed 3 years of service as Head Constable. The appointing authority taking into account the aforesaid representations, has passed an order cancelling the promotion of the petitioner after almost three years.