GURCHARAN SINGH Vs. THE STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) THE interpretation of the complementary provisions of Rules 13.12(1) and 13.16(2) of the Punjab Police Rules, 1934, is the primary issue in this writ petition, which has been referred for determination to the Division Bench.

(2.) THE facts are not in serious dispute. The Petitioner enlisted as a Constable in the Punjab Armed Police on the 21st of December, 1948. He climbed the various rungs of promotion in the Department to hold the rank of Sub -Inspector of Police and was confirmed as such on the 1st of October, 1965. It is the Petitioner's case that throughout his tenure of service his record has been excellent and he has been the recipient of a number of merit certificates. On the 20th of November, 1966, the Petitioner was promoted to officiate temporarily as Inspector and continued to hold the post till the 22nd of January, 1968. By an order, dated the 22nd of January, 1968 (Annexure 'B' to the petition), Gurcharan Singh, Petitioner, was reverted as Sub -Inspector along with many others with a direction that they were to handover as soon as officers posted in their places assumed charge. The Petitioner, however, was not actually reverted and was adjusted against other vacancies till the 27th of July, 1968, when the order, dated the 2nd of July, 1968, was communicated to him directing his reversion along with four others to the rank of Sub -Inspector. The Petitioner's reversion was further directed to take effect from the 1st of June, 1968. Aggrieved thereby the Petitioner challenges his reversion to the substantive rank of Sub -Inspector, - -vide the impugned order Annexure 'C'.

(3.) IT may be noticed at the outset that on the Petitioner's own prayer, Respondent No. 4 has been dropped from the array of Respondents, - -vide order of Gujral, J. on July 22, 1971.