NIRANJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question posed for the consideration of this Full Bench is - "Whether by transfer from one range to another, right of a police personnel for being considered on the basis of seniority in the parent range for being deputed to attend the Upper School Course would be prejudicially affected ? If so, would it amount to legal mala fide action ?" A few facts which are not disputed may be briefly noticed.

(2.) The petitioner was enlisted as a Constable on October 5, 1981 in the Punjab Armed Police. On January 30, 1987, he was promoted to the rank of Head Constable. The petitioner qualified the Intermediate School Course which commenced with effect from July 1, 1993. The respondents selected persons for attending the Upper School Course w.e.f. April 15, 1994. However, the petitioner's claim was not considered as he had been transferred from the Punjab Armed Police and relieved of his duties on March 8, 1994. Admittedly, the petitioner had not been confirmed in the District Police. It is in the background of these facts that the question as posed at the outset has to be considered.

(3.) The conditions of service governing the police personnel are broadly laid down in the Punjab Police Rules. The seniority of lower subordinates viz. the constables and the Head Constables in maintained at the District level. It is also the admitted position that the Armed Police forms a separate cadre. It is distinct and different from the district cadre. While the District Superintendent of Police is the appointing authority for the personnel in the District, the Commandant is the competent authority in case of the personnel belonging to the Armed police. The members of the force are deputed for the Intermediate and the Upper School Courses on the basis of their seniority in the cadre. On this basis, even the petitioner was entitled to be deputed for the course in the order of his seniority. However, his right is sought to be defeated on the ground that he had been transferred from the Armed Police to the District Police and relieved of his duties on March 8, 1994. Thus, the primary question which falls for consideration is - Does a Member of the Police Force lose his right to be deputed for the promotion course merely by his being transferred from one cadre to another ? While it has been contended by the counsel for the petitioner that the department cannot defeat the right of an employee by ordering his transfer, it has been submitted on behalf of the respondents that the seniority has to be seen on the date of deputation for the course and if a person has already been transferred to another cadre, he has no right to be considered vis-a-vis others who were initially junior to him.