(1.) THIS is plaintiff's second appeal challenging the judgments and decrees of the courts below whereby his suit for mandatory injunction directing the respondents to consider his claim for promotion as Sub -Inspector from the due date on the basis of entry in promotion List -E for entry in Promotion List -F and further promotion as Inspector of Police was dismissed. As per the pleadings, appellant was appointed as Constable in PAP (Punjab Arms and Police) on 5.7.1982 and was promoted as ASI (Assistant Sub Inspector). Thereafter, he qualified Upper School Course along with others in the term ending May 1993. His name was brought on Promotion list -E w.e.f. 1.6.1993. He was required to be considered for promotion as SI (Sub Inspector) but was not considered whereas other officers were given promotion and in this way, appellant was made to suffer in seniority.
(2.) ACCORDING to the appellant, he was dismissed from service by SSP, Hoshiarpur vide order dated 24.1.1996 and his appeal against the said order was also dismissed. Thereafter appellant filed a civil suit which was partly decreed to the extent that the impugned order of dismissal of appeal was held illegal. The case was remanded back to the punishing authority and thus appellant was entitled to be considered for promotion as Sub -Inspector from the date from which defendant nos. 5 & 6 now respondents nos. 5 & 6 were promoted as sub -Inspectors.
(3.) DEFENDANT /respondents no. 3 & 4 filed joint written statement contesting the claim of the appellant stating that the appellant was enlisted as Constable in PAP on 5.7.1982 and was promoted as ad hoc constable on 6.9.1994. Thereafter he was confirmed as Head Constable w.e.f. 7.6.1988 and was granted List -D w.e.f. 1.10.1988 and thereafter was promoted as officiating ASI on 10.1.1989. However, appellant remained absent and as such after conducting departmental enquiry as per rules, he was dismissed from service. It was further stated that the Civil Court had granted relief to the appellant only for consideration of his case for pension on sympathetic grounds and his claim for reinstatement was rejected. It was further asserted that the plaintiff had no claim for promotion due to his bad record. Prayer for dismissal of the suit was made.