MUKESH MALHOTRA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The challenge in this petition is to a show cause notice dated 23.10.2007 (P-18) issued by the Director General of Police, Haryana to the petitioner asking him to explain why antedated promotion and confirmation in the rank of Assistant Sub Inspector of Police and Sub Inspector accorded in Gurgaon Range should not be withdrawn and fresh dates be assigned for being brought in List-F as also further antedated promotion as Inspector of Police w.e.f. 12.11.2001. It has been stated in the show cause notice that keeping in view his parent range for the purposes of fixing seniority was the Ambala Range and since he sought transfer to Gurgaon Range and it was so ordered by the then Director General of Police, Haryana on 18.09.2003 should not be changed and his name brought on Promotion List 'F' w.e.f. 16.09.2004 instead of 27.07.2001 and further promotion as Inspector of Police w.e.f. 21.09.2004 instead of 12.11.2001 in accordance with seniority accruing in Ambala Range. The notice was for rectification of the previous orders.

(2.) Against the show cause notice, the petitioner filed the present writ petition which came up for motion hearing and the Division Bench of this Court was pleased to issue notice of motion on 22.02.2007. The writ petition had been filed against an earlier show cause notice dated 10.10.2005 (P-11) and the final order dated 06.02.2007 (P-13) vide which the seniority assigned to the petitioner by order dated 16.11.2004 by the Inspector General of Police, Gurgaon Range, Gurgaon as a result of the order of the Director General of Police, Haryana was withdrawn. During the pendency of the petition, the show cause notice referred to above (P-18) was issued on 23.10.2007. The petitioner filed CM No.18740 of 2007 appending the show cause notice and praying for stay of its operation. The Division Bench of this Court by order dated 15.11.2007 issued an interim order restraining the respondents from passing final orders on the show cause notice. That stay has continued to operate and it is not disputed that in the meanwhile, the petitioner has been promoted as Deputy Superintendent of Police.

(3.) The facts in brief: while serving in his parent Ambala range, the petitioner was brought on Promotion List 'E' w.e.f. 10.11.1998 by the DIG, Ambala Range. He was confirmed in 2001. When the petitioner came to know that certain directly recruited probationary ASIs in Gurgaon Range had been brought on Promotion List 'E' w.e.f. 23.08.1995 earlier than him he felt aggrieved. The petitioner submitted a detailed representation dated 07.02.2002 (P-4) to the Director General of Police, Haryana, Panchkula quoting Rule 13.4(1) of the Punjab Police Rules, 1934 (for short "the Rules") as applicable to Haryana requesting that in order to balance the uneven promotions amongst ranges the petitioner may be transferred to Gurgaon Range. Rule 13.4 deals with power to make officiating promotions. The rules provides that if the flow of promotioin is unevenly distributed amongst ranges, the Inspector General of Police shall make suitable transfers of Sub Inspectors on the promotion list from one range to another as an equalizer. The power to do the same for Sub Inspectors and Assistant Sub Inspectors and Head Constables vests in the Deputy Inspector General of Police who is the competent authority to make suitable transfers from one District to another under the aforesaid rule. Rule 13.4 reads as follows:-