JOGA SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Petitioner who is working as a Constable, by way of filing the present writ petition under Article 226 of the Constitution, seeks a writ in the nature of Mandamus for directing the respondents to promote the petitioner from Constable to Head Constable w.e.f. March 2008 i.e. the date when his batch mates were promoted as Head Constables.

(2.) In brief, the dispute is that an FIR No.142 dated 208.2004 was registered against the petitioner and other persons under Sections 223, 224 of IPC at Police Station City Ferozepur on the ground that three convicts had escaped from the custody of the petitioner on 208.2004. After investigation, the Investigating Officer submitted challan wherein petitioner was kept in column no. Thereafter, the co-accused did not turn up for trial and ultimately they were declared proclaimed offender on 09.10.2006 and consequently, the said case was adjourned sin-a-die on 28.02009 (P-3). It is due to the pendency of the alleged FIR that the respondent nos. 2 to 4 are not promoting the petitioner to the post of Head Constable, although he is otherwise eligible after clearance of examination etc.

(3.) Learned Counsel for the petitioner on the strength of the aforementioned facts has argued that there is no fault on the part of the petitioner and technically there is no criminal proceeding pending against him. Further, he has relied upon the judgment passed by this Court in CWP No.25781 of 2013 decided on 22.05.2014 titled as Jasdeep Singh Ghuman v. Chairman-cum-Managing Director, Punjab State Power Corpn. Ltd. Patiala & Anr., whereby in a similar situation this Court has directed the respondents to consider the case of the petitioner therein for promotion etc.