SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common judgment, we would be disposing of the above detailed nine Civil Writ Petitions, as same point is involved in all of these viz. as to whether it was legal for the competent authority to withdraw the names of petitioners from C-II list, due to infliction of major punishments, viz. forfeiture of service for specified periods and stoppage of increment (s), etc., on them.

(2.) For the sake of convenience, facts of Civil Writ Petition No. 857 of 2004 are being given here: The petitioner joined service on 8.10.1990. It was in the year 1993 that his name was included for promotion to the post of Head Constable, in List C-II. Later on, the competent authority issued a show cause notice No. 328 dated 8.10.2003, Annexure P1, calling upon him to show cause as to why his name should not be withdrawn from the promotion list of C-II, on account of the major punishment awarded to him. He filed reply Annexure P2 thereto, wherein it was pleaded that since his one year service had already been forfeited, he may not be penalised further by removing his name from List C-II, for the same lapse. The reply did not find favour with the competent authority, which, therefore, passed the impugned order dated 4.11.2003 (Annexure P3), removing the name of the petitioner from the promotion list of C-II.

(3.) The stand of respondents is that the impugned action was taken as per Rule 13.8A of the Punjab Police Rules, 1934 (for short "the Rules"), as major punishment had been inflicted on the petitioner.