SMT. DARSHANA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, a Constable in the Haryana Police is aggrieved by the order dated June 3, 1997 by which he has been reverted from the post of Head Constable. A few facts may be noticed.

(2.) The petitioner served in the Indian Army from December 14, 1970 to July 12, 1975. He was discharged from the Army on account of the disbanding of the Unit. On September 30, 1976, the petitioner was recruited as a Constable Dog Handler in the Dogs Squad, Ambala. After a lapse of almost 18 years, the petitioner was promoted as a Head Constable Dog Handler. The order was passed with the approval of the Deputy Inspector General of Police, Ambala Range. While the petitioner was working as such, he was served with a show cause notice dated April 23, 1997. A copy of this notice has been produced as Annexure P.5 with the writ petition. It was alleged that the petitioner's promotion "was not permissible under the Punjab Police Rules/Government Instructions.... This is also against judicial pronouncement delivered in this regard. The matter has been examined in the light of observations made by the Hon'ble High Court in number of cases. Thereafter, the Director General of Police, Haryana has issued instructions vide his memo No. dated 3.2.97 to review the cases of ad hoc promotion". In the light of these instructions, it was observed that the petitioner's case had been examined and that the ad hoc promotion granted to him was not justified. The petitioner was called upon to show cause as to why he be not reverted "from the rank of Head Constable to that of Constable because of out of turn promotion". The petitioner asked for certain information and documents. He alleges that these were not supplied to him. He submitted an interim reply. It was pointed out that he had been appointed against a specialised post. He had completed the period of probation. He work had been found to be good. The promotion was in conformity with the rules. Consequently, no ground for reversion was made out. Vide order dated June 3, 1997, a copy of which has been produced as Annexure P.10 with the writ petition, the Superintendent of Police notified the petitioner's reversion to the rank of Constable. No reason whatsoever was assigned. No ground for rejecting the petitioner's explanation was disclosed. Aggrieved by this order, the petitioner has filed the present writ petition.

(3.) A written statement has been filed on behalf of the respondents. The claim made by the petitioner has been controverted.