RAM LAL Vs. THE STATE OF HARYANA THROUGH ITS SECRETARY TO THE GOVERNMENT, HARYANA, DEPARTMENT OF HOME, CHANDIGARH

JUDGEMENT

(1.) The petitioner has challenged the order dated 30.1.1986 (Annexure P-3), vide which he was reverted from the rank of Assistant Sub Inspector to the rank of Head Constable.

(2.) In the instant petition, it has been alleged by the petitioner that he was appointed as Constable in the Punjab Police on 2.8.1949. Lateron, his services were allocated to the State of Haryana. Admittedly, he did not pass the Lower School Course. However, on 2.3.1967, his name was entered in the List C-II without his having passed the Lower School Course as an exempted candidate by the Deputy Inspector General of Police, Ambala Range (respondent No. 3) in exercise of his powers of relaxation conferred under rule 13.8(2) of the Punjab Police Rules, 1934 (hereinafter referred to as 'the Rules'). Rule 13.8 (1) of the Rules provides that in each district a list shall be maintained in card index form of all constables who have passed the Lower School Course at Phillaur and are considered eligible for promotion to Head Constables. Sub- rule (2) further provides that promotions to Head Constable shall be made in accordance with the principle described in sub-rules 13.1 (1) and (2). The selection grade Constables who have not passed the Lower School Course at the Police Training School but are otherwise considered suitable may, with the approval of the Deputy Inspector-General, be promoted to Head Constable upto a maximum of ten per cent of vacancies. Since the petitioner did not pass the aforesaid Lower School Course, though he was granted the selection grade and his name was entered into List C-II. He was promoted to the rank of Head Constable on 10.11.1969 and on this rank, he was confirmed on 15.12.1977.

(3.) The next promotion from the rank of Head Constable was to be made to the rank of Assistant Sub Inspector. The promotions in the police department to the rank of Assistant Sub Inspector at the relevant time were being governed by rule 13.9(1), which provides that a list shall be maintained in each district in card index form No. 13.9 of those Head Constables who have passed the Lower School Course and Intermediate School Course at the Police Training School and were approved by the Deputy Inspector General as eligible for officiating or substantive promotion to the rank of Assistant Sub Inspector. No Head Constable shall be admitted to this list who is not thoroughly efficient in all branches of the duties of a Constable and Head Constable and of established integrity. It is also admitted position that the petitioner also did not pass the Lower School Course as well as Intermediate School Course after his promotion to the rank of Head Constable. However, when certain posts of Assistant Sub Inspectors were existing at the relevant time and the eligible Head Constables were not available, the petitioner was promoted purely on temporary and fortuitous basis as Assistant Sub Inspector vide order dated 1.12.1980. Though the said order was not annexed with the writ petition, however, the respondents have annexed it with their written statement as Annexure R-1. The relevant extract of the said order is re- produced below for ready reference :