SUKHBIR SINGH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Aggrieved of his non-promotion to the rank of Sub Inspector and rejection of his representation vide Annexure P-3, the petitioner has filed this petition seeking direction for his promotion to the post of Inspector.

(2.) The petitioner was on roll with Haryana Police on 25.5.1959. He was promoted to the rank of Assistant Sub Inspector w.e.f. 2.3.1979 and as Sub Inspector where he has been confirmed w.e.f. 31.8.1984. The petitioner was transferred from Hisar Range to Gurgaon Range on 3.11.1989. The petitioner's position in the seniority list of Sub Inspectors is at Sr. No. 40, as is evident from the seniority list of Sub Inspectors of Hisar Range as on 1.4.1986 (Annexure P-1). It is stated that the petitioner has earned 50 commendation certificates, including cash awards and he was selected to man the CIA, a post requiring special calibre and performance.

(3.) The grievance of the petitioner relate to the promotion of his juniors by bringing them on list 'F' and ignoring his claim. It is, however, admitted that the petitioner was served with an adverse ACR for the period 1.4.1989 to 31.10.1989, whereby he has been graded as 'B'. It is stated that the first batch of juniors was promoted in the year 1986 vide order dated 18.7.1986. Thereafter, promotions were made in the years, 1987, 1989, 1990 as also in the year 1991. The petitioner made a representation for his promotion when his juniors were promoted in the years, 1986 and 1987 and the said representation was rejected vide order dated 13.12.1988 (Annexure P-3). Apparently no reasons have been recorded in the letter which is also one of the grounds for challenging his non-promotion. It is admitted by the petitioner that in the year 1986, departmental inquiry was initiated against him on 1.4.1986, which was filed later on 15.12.1987 and in the meantime, two persons junior to the petitioner were promoted. Another departmental inquiry was initiated in the year 1989 and the same also came to be filed. The respondents in their reply have justified non-promotion of the petitioner. It is stated that the petitioner was awarded punishments of censure in the years, 1974, 1982, 1983, 1989 and 1991, besides he was awarded punishment of forfeiture of one year's approved service with temporary effect in the year 1968. The respondents have also specifically averred that the petitioner was conveyed adverse remarks in his ACRs for the periods from 5.6.1975 to 30.9.1975, 2.6.1982 to 5.2.1983, 1.4.1985 to 31.3.1986. His integrity was also reported as doubtful in his ACRs for the period 1.4.1989 to 31.10.1989, which was also conveyed to him.