LAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing of impugned orders dated 26.08.2009, 27.04.2010, 19.11.2012/22.11.2012 and 09.07.2013 (Annexures P-10, P-11, P-12 and P-13, respectively), whereby, the claim of the petitioner for promotion to the post of Head Constable, ASI and SI has not been considered.

(2.) A further prayer has also been made for issuance of a writ in the nature of mandamus directing the respondents-Department to promote the petitioner with effect from the date his promotion became due after passing the Lower School Course/B-1 Test in the year 1992 along with all consequential benefits arising out of order of promotion.

(3.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was appointed as Constable in the respondents-Department in the year 1981. He was discharged from service under Rule 12.21 of the Punjab Police Rules (here-in-after referred to as the 'PPR') vide order dated 19.01.1984. The said order was challenged by way of filing an appeal, where after, he was re-instated in service without back wages and was assigned duties in Punjab Armed Police (here-in-after referred to as the 'PAP'). Thereafter, a departmental inquiry was initiated against him after his joining duties in PAP and a show cause notice was also issued to him and his five years' of approved service was forfeited vide order dated 16.06.1988. However, by taking a lenient view, the Commandant reduced the said punishment from five years to two years vide order dated 14.02.1989. In the meanwhile, on 28.02.1992, B-1 written test was held for promotion from the post of Constable to Head Constable, which was duly cleared by the petitioner but he was not included in the parade because of punishment awarded to him having commenced on 14.02.1989. The petitioner, thereafter, filed CWP No.3709 of 1992 and he was sent for Lower School Course commencing from 16.08.1992 which was duly passed by him. In the said petition, the petitioner was deputed to undergo Lower School Course while deciding Civil Misc. Application No.1 of 1992. Ultimately, the said petition was dismissed vide order dated 20.04.1993 by this Court and the same was challenged by way of filing LPA No.491 of 1993 which was also dismissed. However, liberty was given to the petitioner to avail remedy available under Rule 13.8-A of the PPR vide order dated 19.03.2001. By taking a lenient view, the Deputy Inspector General of Police, PAP, Chandigarh passed order on 19.03.2002 for punishment of condemnation to the employee instead of punishment of forfeiting two years of service. The said order was challenged by the petitioner before the Inspector General of Police, whereby, the order dated 19.03.2002 passed by the Deputy Inspector General of Police was set aside and the earlier order dated 14.02.1989 passed by the Commandant i.e forfeiture of two years of temporary service was restored. The petitioner filed revision petition against the order dated 29.11.2002 before the Director General of Police and the order passed by the Inspector General of Police dated 29.11.2002 was set aside by observing that the petitioner had been punished twice for single offence and the order passed by the Deputy Inspector General dated 19.03.2002 was confirmed. The petitioner, thereafter, made a request for promotion but the same was rejected vide order dated 26.08.2009. The claim was further rejected by the Director General of Police vide order dated 27.04.2010 (Annexure P-11) on the ground that the petitioner was having no right for promotion as Head Constable. Thereafter, the appeal filed by the petitioner before Home Secretary for promotion with deemed date was also rejected vide order dated 09.07.2013 (Annexure P-13).