BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for quashing order dated 21.5.1986 (Annexure P.4) vide which Inspector General Punjab Armed Police, Jalandhar Cantt. directed that promotion of the petitioner be kept in abeyance till his clearance in the enquiry.

(2.) The petitioner joined service as Constable in the State of Punjab on 7.1.1954. Puring the course of service, he received promotions as Head Constable, Assistant Sub Inspector and Sub Inspector. In 1985, his name was brought on list F after following the procedure prescribed under Rule 13.15 of the Punjab Police Rules, 1934 (for short, the Rules), vide TPM message Annexure P.1 dated 16.5.1986, approval of the competent authority was conveyed to his promotion as officiating Inspector of Police. Thereafter, Deputy Inspector General of Police, Punjab Armed Police, Jalandhar Cantt. passed order Annexure P.2 promoting him and one Kashmira Singh as officiating Inspectors. He was relieved by the Commandant. 80th Battalion, Punjab Armed Police vide TPM message Annexure P.3 dated 21.5.1986 for the purpose of joining his posting in the CID. However, the implementation of the order of his promotion was held in abeyance by the Inspector General, Punjab Armed Police, Jalandhar Cantt. on account of alleged pendency of departmental enquiry.

(3.) The petitioner has averred that the departmental enquiry initiated against him had been finalised much before the issuance of the impugned order and vide order dated 16.4.1986, penalty of forfeiture of one year's service was imposed on him, but this fact was over-looked by Inspector General, Punjab Armed Police, Jalandhar Cantt. while issuing the impugned order.