OM PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner retired as Sub Inspector from Government Railway Police as Constable on 30.12.1987. he was promoted as Assistant Sub Inspector w.e.f. 1.9.1976. Petitioner was reverted to the post of Head Constable w.e.f. 29.11.1978. Petitioner challenged the said reversion before the Civil Court. Ultimately, vide judgment dated 13.12.1994, learned Additional District Judge set aside the said reversion. Against the said order, the department preferred Regular Second Appeal No.593 of 1995, which was dismissed by this Court on 6.4.1995. In the meanwhile, the petitioner retired from service in the year 1994. Earlier, the petitioner preferred Civil Writ Petition No.1943 of 1997 for directing the respondents to fix and finalize his seniority with all consequential benefits of promotion and arrears. The said writ petition was disposed of by a Division Bench of this Court on 07.2.1997 with a direction to the respondents to consider the representation of the petitioner (Annexure P10) and dispose of the same expeditiously preferably within three months from the date of receipt of a copy of the order by passing a speaking order. Accordingly, the matter was considered by the Deputy Inspector General of Police Railway and Commando, Haryana, Panchkula and vide order endorsed on 23.5.1997 (Annexure P9), the petitioner was promoted as Sub Inspector w.e.f. 16.8.1981 and confirmed as Sub Inspector on 30.9.1986 (Annexure P23). His claim for bringing his name on list F for promotion as Inspector and DSP was sent to the competent authority i.e. Director General of Police, Haryana, Panchkula.

(2.) It comes out that Director General of Police, Haryana, after considering the record of the petitioner, passed order endorsed on 6.5.1998 (Annexure P11), vide which, the claim of the petitioner for promotion as Inspector was declined on the ground that he was granted two major punishments i.e. one punishment of stoppage of one increment with permanent effect in the year 1979 and another punishment of stoppage of one increment with permanent effect in the year 1981.

(3.) In the reply, the respondents have not disputed the factual position. It is stated that since the petitioner was granted two major punishments of stoppage of one increment each with permanent effect, therefore, he could not be promoted as Inspector and consequently DSP. Reference has been made to Punjab Police Rule 13.14(2) which bars the promotion of Sub Inspector to the higher rank where major punishment has been awarded. Therefore, it was maintained that the petitioner could not be further promoted from the rank of Sub Inspector.