RACHPAL SINGH, INSPECTOR Vs. STATE OF PUNJAB THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS AND JUSTICE AND ORS.

JUDGEMENT

(1.) This judgment would dispose of C.W.P. No. 6337 and 9667 of 2005, as common questions of law and somewhat similar facts are involved in both the cases. For brevity, the facts are being taken from C.W.P. No. 6337 of 2005.

(2.) The petitioner was selected as Constable in the Punjab Police force on May 23, 1979. He passed the requisite test and was brought on the lists specified and indicated under the Punjab Police Rules from time to time. He was promoted as Assistant Sub Inspector on ad hoc basis on June 29, 1992. Subsequently, he was granted fortuitous promotion in the aforestated rank on October 22, 1993, In 1994 -95, he had passed Intermediate school course from Punjab Police Academy, Phillaur and he stood first all around. He had earned 35 recommendation certificates from time to time from various officers. The petitioner was given the rank of Sub Inspector (ORP) in May 30, 1996. It was on October 18, 1996, the petitioner was regularly promoted to the rank of Assistant Sub Inspector. However, he was granted exemption from passing Upper School Course vide communication dated September 9, 1992, copy Annexure P5. He was brought on promotion list E -I (Exemptee). He was also promoted to the rank of Sub Inspector, by an order dated September 20, 2002, which is indicative of an order dated September 14, 2002 passed by the Deputy Inspector General of Police (Border Range), Amritsar vide which he had been brought on promotion list E -II (Exemptee) with effect from 7.9.2002 pursuant to the order passed by Deputy Inspector General of Police, Punjab on September 9, 2002. He was also approved for promotion to the rank of Sub Inspector Police. However, a communication dated September 21, 2004, was issued by the Director General of Police, Punjab to the Deputy Inspector General of Police (Border Range) Amritsar, which indicates that the petitioner along with others had been approved for the grant of local rank in exercise of the powers vested with the Director General of Police, Punjab under Rule 13.2 -A of the Punjab Police Rules. The communication indicated that the petitioner had been approved for the grant of local rank of Inspector. It had been categorically mentioned that conferment of local rank to the officer will be subject to the conditions that usage of this rank shall not exceed six months at a time, which may be extended from time to time for the like period after recording reasons for each such extension. Such officers shall not be entitled to get any extra pay and allowances for holding such rank. They shall also not be entitled to claim any seniority over the enrolled police officers by virtue of having such a local rank. Local rank could be withdrawn from the individual in case his work deteriorate and such withdrawal could be made at any time without issuing any show cause notice.

(3.) Pursuant to the aforestated order, the Senior Superintendent of Police Tarn Taran, passed an order dated October 12, 2004. It was on March 22, 2005, issued on 24.4.2005, a teleprinter message (TPM) was received by all Heads of Police Force in Punjab indicating that upon completion of a period of six months, the officers enjoying such local rank would be brought back to the original ranks, unless there is an express order from the head office. It had been reiterated that local ranks as conferred by the Director General of Police in exercise of the powers under Rule 13.2 -A of the Punjab Police Rules, would automatically lapse after six months and that no order of withdrawal need be passed separately. Upon expiry of the period of six months, the local ranks be not reflected by the concerned officer. It had been further clarified that in case any extension is granted, the same would lapse after expiry of six months thenceforth and would be subject to the same condition as indicated in the TPM. It shall be apposite to notice the contents of the T.P.M., which has been appended as Annexure P10, which reads as under: