LAWS(P&H)-1995-4-88

SUB INSPECTOR SURJIT SINGH Vs. STATE OF PUNJAB

Decided On April 18, 1995
SURJIT SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated June 13, 1990, by which he was reverted from the rank of Sub Inspector to that of Assistant Sub Inspector with effect from January 29, 1995. A few facts may be noticed.

(2.) The petitioner was directly recruited as Assistant Sub Inspector on February 29, 1980. After he had passed the Upper School Course his name was included in Promotion List 'E'. The petitioner avers that in January, 1985, he was ignored for promotion to the rank of Sub Inspector. This was on account of an adverse report for the period from June 16, 1984 to September 30, 1984. However, vide order dated November 14, 1986, this adverse report was expunged. Consequently, his representation was accepted and vide order dated September 14, 1987, the petitioner was promoted as Sub-Inspector with effect from January 29, 1985. He was also allowed to cross the efficiency bar with effect from February 1, 1986. On March 22, 1990, the petitioner was given a show cause notice. A copy of this notice has been produced on record as Annexure P-3. In this notice, it was inter alia alleged that "the adverse report for the period from June 17, 1984 to September 30, 1984 was clandestinely removed from your confidential personal file by the Staff with your connivance and it was not put up before the D.P.C. on 26.1.1985 ..............". It was further alleged that he "earned subsequently bad report for the period from 1.4.1985 to 31.7.1985 against which" his "representation was considered and rejected by this office on 7.3.1986. As such, you earned illegal romotion as offg. S.I. retrospectively to which, in fact, you were not entitled." On these premises, he was called upon to show cause as to why he should not be reverted to his substantive rank of Assistant Sub Inspector with effect from January 29, 1985. The petitioner submitted his reply on April 10, 1990. This was rejected by the Deputy Inspector General of Police, Jalandhar Range vide order dated June 13, 1990. Aggrieved by this order, the petitioner has approached this Court through the present writ petition. The petitioner alleges that the order is arbitrary and was passed without giving him adequate opportunity to prove his innocence.

(3.) A written statement has been filed on behalf of the respondents by Mr. D.R. Bhatti, Deputy Inspector General of Police, Jalandhar Range. The petitioner's averment that the adverse remarks for the period from June 15, 1984 to September 30, 1984 were expunged vide order dated November 14, 1986 has been admitted. It has been further mentioned that the adverse remarks were also recorded for the period from April 1, 1985 to July 31, 1985 by Mr. Bua Singh, IPS former Senior Superintendent of Police, Amritsar. These remarks were conveyed to the petitioner vide letter dated August 19, 1985, which was received by him on September 30, 1985. The petitioner's representation against these remarks was rejected vide order dated March 7, 1986. Another confidential report of the period from April 1, 1985 to August 17, 1985 was also recorded by the same officer viz. Mr. Bua Singh. In this report, the petitioner's performance was graded as 'B' i.e. satisfactory. It thus appears that the second report also covered the period of the first report viz. April 1, 1985 to July 31, 1985. It has been further averred that the petitioner had been promoted with effect from January 29, 1985 erroneously and that the department was justified in annulling his promotion.