JAGRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the learned Senior Sub-Judge, Patiala. The facts relevant for the disposal thereof may briefly be recapitulated :-

(2.) Jugraj Singh plaintiff was working as Assistant Sub-Inspector in the Erstwhile Pepsu Police Force. His name was brought on list 'E' maintained under the Police Rules with effect from 1st of November, 1951. He was also promoted as Sub-Inspector on the same date. He worked in, that capacity upto 30th of September, 1957, when the Deputy Inspector General of Police, Punjab, ordered his reversion to his substantive rank of the Assistant Sub Inspector with effect from first of October, 1957, on the short ground that his name had not been brought on the promotion list 'E'. Thereupon, the plaintiff instituted the present suit for a declaration that the order of the Deputy Inspector General of Police, Patiala Range, reverting him to his substantive rank of Assistant Sub-Inspector of Police, was illegal, ultra vires, null and void and without authority and as such he continued as Sub-Inspector and was entitled to all rights, benefits and privileges available to the members of the Service. He alleged that the order was made as a measure of punishment and without any enquiry, and that the Deputy Inspector General of Police had no authority to reduce him in rank according to the provisions of section of the Patiala Police Act. He further averred that the order was bad because it was discriminatory.

(3.) The State of Punjab defendant pleaded that the plaintiff had been reverted to his substantive rank on administrative grounds and not by way of punishment. It was further pleaded that the Punjab Police Rules had been made applicable to Pepsu in June, 1949, and therefore, the Deputy Inspector General of Police was competent to pass the impugned order. The defendant, however, admitted that the plaintiff's name was brought on 'E' list and he was promoted as officiating Sub-Inspector of Police with effect from 1st of November, 1951. The trial Judge framed the following issues :-