(1.) This petition filed by Sub-Inspector Manohar Lal Sharma, under Article 226 of the Constitution prays for issuance of a writ of mandamus directing respondents to consider the case of the petitioner for promotion to the post of Inspector w.e.f 1.4.1987 when the persons junior to him were considered and promoted. The question which required consideration in the instant petition inter alia is whether the withdrawal of premature retirement order dated 6.7.1984 would result into blurring of adverse reports/remarks pertaining to the period 1.4.1982 to 30.9.1982 and 1.4.1982 to 31.3.1983 as well as 1.4.1983 to 30.9.1983.
(2.) Brief facts of the case are that the petitioner was enrolled as constable with the Punjab Police on 20.8.1952. After passing his Lower School, Intermediate School and Upper Class Courses in 1960, 1973-74 and 1977 respectively, be was promoted to the rank of Sub-Inspector w.e.f. 1.7.1979. He had been working in the same capacity when the instant petition was filed on 16.12.1987. It is admitted position that the petitioner was to retire from service on attaining the age of superannuation on 31.8.1988 and he has superannuated. It has been claimed that for promotion to the post of Inspector, his name was required to be considered earlier to the names of his juniors of Ferozepur Range. For the aforementioned purpose, his name was required to be brought on List-F. Feeling aggrieved for having not been promoted, the petitioner has approached this Court by filing the instant petition.
(3.) It is admitted that the petitioner has been given three successive adverse reports for the period from 1.4.1982 to 30.9.1982, from 1.4.1982 to 31.3.1983 and from 1.4.1983 to 30.9.1983. According to the averments in the petition, the remarks for the period 1.4.1982 to 30.9.1982 were set aside and his representation with respect to the other two adverse reports was rejected. He was prematurely retired on 6.7.1984 and on the representation made, he was reinstated in service. It is claimed that after reinstatement, he has not earned a single adverse report although he remained ill and was admitted to PGI, Chandigarh. He has claimed that a larger number of FIRs were successfully investigated by him which achieved good results and the conviction was ordered in respect of many of them.