DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Does the power of the Inspector-General of Police, under rule 13.21, to relax any provision contained in Chapter XIII of the Punjab Police Rules, 1934 go to the extent of its virtual abolition, is the dimensional question which falls for determination in this petition under Article 226 of the Constitution of India. The question has been raised by a group of Constables, employees of the Punjab Armed Police, in this manner.

(2.) It is an annual feature to select Constables for admission to the promotion course conducted in the Police "Training College. The selection for the purpose is made in the month of January of every calendar year as required by rule 13.7 of the Pun,job Police Rules, 1934 (hereinafter referred to as the Rules). Let the rule be reproduced herein at the outset :

(3.) The Inspector-General of Police, Punjab (hereinafter referred to as the I.G.P.) on 8-12-1981 passed an order, Annexure P. 2, conveying to all the District Senior Superintendents of Police in Punjab and others that due to receipt of some more complaints from the constabulary that list B-1' was still not being held fairly and favouritism was shown to some of the candidates, especially in parade test, the matter had been re-examined and the parade test was being done away. Accordingly, revised standing order under rule 13.20 had been issued for holding list B-1' test in law only (written test) to ensure that the same is held in an impartial manner. The order was accompanied by the aforesaid standing osier and was for purpose of holding next B-1' test from January 1982 onwards as per instructions and syllabi contained therein. The I.G.P. required circulation of the revised standing order to all concerned well in time.