KARAM SINGH, CONSTABLE Vs. PRINCIPAL, POLICE TRAINING COLLEGE

JUDGEMENT

(1.) ssss The petitioner, who was a trainee of Lower School Course at Police Training College, Phillaur has impugned the order of his reversion to his parent district without completion of the course under Rule 4.3(2) of Police Training Course Manual in this writ petition under Articles 226/227 of the Constitution of India.

(2.) The undisputed facts, briefly, are that the petitioner was a trainee of Lower School Course at Police Training College, Phillaur on October 1, 1990 which was to be completed by him on March 31, 1991. He was deputed on guard duty on October 7, 1990 at the residence of Assistant Principal, Police Training College, Phillaur. During surprise checking he was found absent. In this connection, D.D.R. No. 45, dated December 7, 1990 was lodged in the Roznamcha. He reported back for duty vide DDR No. 2, dated December 8, 1990, after absenting himself for 15 hours 55 minutes. He was served with a notice for showing cause for his absence while he was posted on guard duty. He submitted his explanation which was duly considered by respondent No. 1. He was also given an opportunity of hearing by respondent No. 1 and the following order was passed on the file :-

(3.) The principal contention raised by the learned counsel for the petitioner is that after as Constable has passed the competitive examination for the selection to the Lower School Course held by the Departmental Committee under rule 13.7 read with rule 13.20 of the Punjab Police Rules (for short, the Rules), his name is placed on Promotion List 'B' meant for sending the said Constable to the Lower School Course. After he has passed the Lower School Course, his name is entered in List 'C' under Rule 13.8 and he was promoted as Head Constable. Under Rule 13.8(A)(1), the reversion of the petitioner from promotion course clearly tantamounts to removal of his name from Promotion List 'B' which cannot be awarded without any major punishment. The submission is devoid of merit. The petitioner was detained for Lower School Course. He was posted on guard duty at the residence of Assistant Principal (Outdoor), Police Training College, Phillaur. On a surprise checking, he was found absent, he was placed under suspension with immediate effect. A notice was also served upon him to show cause as to why he should not be reverted to his parent district. He submitted his reply, which was duly considered by respondent No. 1. Respondent No. 1 was not satisfied with the explanation submitted by the petitioner. After rejecting the same, respondent No. 1 found that the petitioner had committed gross misconduct by absenting himself from guard duty. He was, therefore, reverted to his parent District. The action against him was taken under rule 4.3(2) of the P.T.C. Manual. The petitioner's contention that reversion to his patent District amounts to infliction of a major penalty is devoid of merit. The Rules and the provisions of the Police Training Course Manual operate in different fields. The petitioner may be selected for undergoing training for Lower School Course under the Police Rules. After he has been selected and during the course of training if he commits an act of indiscipline, then action is taken under rule 4.3(2) of the Police Training Course Manual.