CHAMAN LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution challenges adverse remarks recorded in the Annual Confidential Report of the petitioner for the year 1992-93, as conveyed vide letter dated 29.9.1993 (P-2), assessing him as an officer of 'below average'.

(2.) Brief facts of the case are that on 22.11.1957 the petitioner joined the services of the Punjab Government as a Clerk in the Punjab Civil Secretariat. He was promoted as an Assistant in January, 1963. He was selected for appointment in the Punjab Prisons State Service (Class II) and joined as such on 1.1.1969. Thereafter, he was promoted to the post of Superintendent, District Jail/Deputy Superintendent Grade-I with effect from 15.3.1980 by superseding two of his seniors. He was again promoted to the Punjab Prisons State Service (Grade-I) with effect from 11.12.1986 again superseding two of his seniors. Till 31.3.1992, the petitioner earned Good/Outstanding reports from his superiors.

(3.) It is relevant and pertinent to mention here that the post of Inspector General of Prisons, Punjab, was held by Shri B.S. Sandhu-respondent No. 2 since 27.6.1986. He continued as such beyond the period of five years by virtue of extensions granted to him. One Shri M.L. Sandhu, who was the senior most Deputy Inspector General of Prisons in the respondent State of Punjab, was an aspirant for the post of Inspector General of Prisons. He challenged continuance of Shri B.S. Sandhu as Inspector General of Prisons by filing C.W.P. No. 4794 of 1993. In order of seniority, the petitioner was the immediate junior of Shri M.L. Sandhu. Thus, he was also an aspirant for the post of Deputy Inspector General of Prisons. On 30.4.1993, Shri M.L. Sandhu retired from the post of Deputy Inspector General of Police. In this manner, the petitioner had claimed the post of Inspector General of Prisons for which he also filed C.W.P. No. 735 of 1994, which was ordered to be heard along with C.W.P. No. 4794 of 1993 filed by Shri M.L. Sandhu. In the writ petition filed by the petitioner continuance of Shri B.S. Sandhu-respondent No. 2 as Inspector General of Prisons, Patiala, was challenged on the ground that since Shri B.S. Sandhu-respondent No. 2 has been granted extension, therefore, chances of the petitioner for promotion to the post of Inspector General of Prisons were adversely affected.