SI KEWAL KRISHAN Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari/mandamus, directing the respondents to give promotion to the petitioner as Sub Inspector from the date, his juniors were promoted.

(2.) The pleaded case of the petitioner is that the petitioner joined the Police Department as Constable in P.A.P., Jalandhar on 01.04.1964 and passed his cadre class course in the year 1975 and was promoted to the post of Head Constable w.e.f. 01.04.1975. The petitioner completed his intermediate and Upper Class Training Course from the Police Training College, Phillaur in the year 1983 and 1988 respectively and was promoted as Assistant Sub Inspector on 25.04.1986 and was given ad hoc promotion as Sub Inspector in June, 1986. There was no complaint against the petitioner and his service record was good throughout. The petitioner was conveyed adverse remarks for the period from 12.06.1986 to 31.03.1987 and from 01.04.1987 to 31.03.1988. The petitioner represented against the said adverse remarks before respondent No.3 who rejected the same. Consequently, a revision petition was filed by the petitioner before respondent No.2, Inspector General of Police, P.A.P., Jalandhar Cantt. which was accepted and the adverse remarks for the period from 01.04.1987 to 31.03.1988 were expunged vide order dated 06.06.1991 on the ground that the said officer was biased against the petitioner. The respondents were liable to consider the petitioner for the post of Sub Inspector from 01.04.1988, the date when his juniors were promoted and he was ignored for promotion by the departmental promotion committee vide order dated 03.12.1990 on account of adverse remarks, which were communicated to him on 27.12.1990. Since the petitioner's revision was accepted for the period from 01.04.1987 to 31.03.1988, he was to be reconsidered for promotion from the date his juniors were promoted. Thereafter, the petitioner was promoted as Sub Inspector w.e.f. 30.05.1992 as his promotion to the post of Sub Inspector was due in the month of April, 1988 when all persons who were working with him and junior to him were promoted while the case of the petitioner was ignored. The number of the petitioner in the seniority list was 63 and persons who were at No.64 onwards were junior to him but had been promoted w.e.f. 01.04.1988 and they had also been promoted as Inspectors in February, 1992, without considering the case of the petitioner for further promotion. The petitioner had served in the Department for 30 years and his records were good for all the years except the said adverse remarks which stood expunged. The petitioner was liable to be considered for promotion after a lapse of 3 years after the recording of the adverse entries and was liable to be considered for promotion in the year 1990 and 1992. Reliance was also placed upon a Division Bench judgment of this Court in CWP No.1291 of 1993 titled Swaran Singh Vs. State of Punjab & others decided on 17.12.1993, that the petitioner could be considered for promotion after the lapse of 3 years from the recording of the adverse remarks. The petitioner had approached the respondents to reconsider his case for promotion but they did not take any action nor any decision had been conveyed to the petitioner. Resultantly, the writ petition was filed which was admitted for regular hearing.

(3.) In the written statement filed by respondents No.1 to 4, it was pleaded that the petitioner had joined the Police Department on 02.04.1964 and had passed the cadre course in the year 1975 and promoted as Head Constable w.e.f. 25.08.1975 and thereafter, promoted as Assistant Sub Inspector on 25.04.1986 after he had qualified the intermediate school course from Police Training College, Phillaur and was promoted as ad hoc Sub Inspector w.e.f. 30.06.1986. The petitioner's ACR records from 12.06.1986 to 31.03.1987 and 01.04.1987 to 31.03.1988 were graded as 'C' by the Commandant, 13th Battalion P.A.P., Jalandhar Cantt. with whom the petitioner had served during the said period and hence, his service record was not good or even average. It was admitted that the remarks recorded from 01.04.1987 to 31.03.1988 had been expunged by respondent No.3, while allowing the revision petition of the petitioner but not for the period from 12.06.1986 to 31.03.1987. Accordingly, it was pleaded that the petitioner was not entitled for promotion to the rank of Officiating Sub Inspector w.e.f. 01.04.1988 and hence, was rightly ignored by the departmental promotion committee from admission of his name to list 'E' and further promotion to the rank of Officiating Sub Inspector due to his unsatisfactory service record. The petitioner was promoted as Officiating Sub Inspector w.e.f. 30.05.1992 and the remarks from 12.06.1986 to 31.03.1987 had not been expunged by any appellate authority. The orders passed in CWP No.1291 of 1993 in the case of SI Swaran Singh were admitted but it was averred that Special Leave Petition against the orders was pending. It was pleaded that the petitioner could not be considered for promotion as Sub Inspector w.e.f. 1990. The petitioner had made no representation for his promotion and he could not be considered for promotion prior to 1990 and was rightly promoted w.e.f. 30.05.1992.