KULDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein seeks to challenge the order dtd. 11/10/2021 (P-11) vide which a person junior to the petitioner has been promoted on the post of Assistant Sub Inspector, ignoring the fact that period of currency of punishment of censure had elapsed.

(2.) In brief, the facts are that the petitioner was appointed as Constable on 11/10/2008. By order dtd. 23/12/2013, the petitioner was approved for Executive Clerical Cadre, English and Accounts Branch and he was thereafter promoted to the rank of officiating Head Constable on 27/1/2015. The petitioner was suspended on 17/9/2016 and a departmental enquiry was initiated against him and others. A show cause notice was issued as to why punishment of Censure be not inflicted upon him. The petitioner submitted his detailed reply to the show cause notice, which was found to be unsatisfactory and he was imposed a punishment of censure. Appeal filed by the petitioner against the said order was returned by observing that no appeal lies against the order of censure. The petitioner submitted a mercy appeal to the Director General of Police, Haryana on 6/9/2018, which stood filed vide order dtd. 17/12/2021. On account of the punishment imposed upon the petitioner, adverse remarks were recorded in the ACR of the petitioner for the period from 1/4/2016 to 26/9/2016. The petitioner thereafter submitted a representation against the adverse remarks recorded in his ACR for the period from 1/4/2016 to 26/9/2016, which adverse remarks were then categorized as 'Good' by an order dtd. 17/7/2017 by the Commissioner of Police, Faridabad. Vide order dtd. 11/10/2021, a junior person to the petitioner namely Sarita has been promoted to the post of Assistant Sub Inspector.

(3.) Learned counsel appearing on behalf of the petitioner would contend that despite upgradation of ACR of the petitioner for the period from 1/4/2016 to 29/6/2016, his representation against the punishment of censure has been dismissed and mercy appeal stood filed. It is argued that it is on account of punishment of censure that the petitioner has been ignored for promotion while his junior stands promoted. It is submitted that currency of punishment of censure had already expired as far back as 2017 and therefore, he could not have been ignored for promotion in the year 2021 when his junior was promoted. He would rely upon the judgment rendered by Division Bench of this Court in HC Dalsher Singh Vs. State of Haryana and others 2009(1) SCT 584 to contend that currency of censure is for six months.