ASI DULA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the petitioners asserts that the instant writ petition has been rendered infructuous qua petitioners No.1 and 3 on account of the fact that petitioners Nos.1 and 3 have been promoted substantively to the rank of Assistant Sub Inspectors of Police during the pendency of the writ petition. Writ petition qua petitioners No.1 and 3, is accordingly, dismissed as infructuous.

(2.) In exercise of the powers vested in the respondents under Rule 13.2A of the Punjab Police Rules, petitioners Nos.2 and 4 to 5 were allowed to officiate against the rank of Assistant Sub Inspector of Police under the "own rank and pay" status, whereas the rank of Sub Inspector of Police was granted to petitioner No.6. It is, therefore, that the petitioners were discharging duties, against a rank, higher than the rank, against which they were substantively appointed. This position was sought to be reversed by the impugned order dated 24.3.2003 (Annexure P1).

(3.) A perusal of the impugned order reveals, that the officiating rank granted to the petitioners was being withdrawn upon the issuance of show cause notice to them, on account of the fact, that all the petitioners had been awarded major punishments, after their posting as Assistant Sub Inspectors/Sub Inspector (in their own rank and pay). The impugned order further narrates, that it had been clarified in their original orders of officiation, that in case their work and conduct deteriorated, they would be reverted to their substantive rank, at any time. After recording the aforesaid factual position, affirming that major punishments have been inflicted upon the petitioners after the vesting in them their own rank and pay status, they were being reverted with immediate effect.