AMAR SINGH CONSTABLE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, a Constable in the Haryana Police, was absent from duty from 25. 11. 1994 to 12. 1. 1995. Disciplinary proceedings were initiated against him. The charge was found to have been proved. A penalty of stoppage of two increments with cumulative effect was imposed. The petitioner filed an appeal which was dismissed by the Deputy Inspector General of Police. His revision to the Director General also met with the same fate. By another order passed on 3. 9. 1995, the petitioner's name was also removed from the Promotion List C-1. Aggrieved by the imposition of penalty of stoppage of two increments with cumulative effect and the order regarding removal of his name from the Promotion List, the petitioner has filed the present writ petition.

(2.) MR . Agnihotri, learned counsel for the petitioner submits that the petitioner was not well. He had submitted a leave application before leaving the station of his posting. Thus, the charge of wilful absence from duty cannot be said to have been proved. Secondly, the learned counsel submits that the removal of the petitioner's name from the Promotion List was illegal inasmuch as the concurrence from the Deputy Inspector General of Police was not obtained before passing the order. An attempt to challenge the validity of Rule 13. 2. has also been made.

(3.) WITH regard to the removal of the petitioner's name from the Promotion List C-1, it deserves, to be mentioned that Rule 13. 8-A, inter alia, provides that "the infliction of any major punishment shall be a bar to admission to or retention in lists A, B or C. . . . . . . . . . . . . provided that (a) for special reasons to be recorded by the Superintendent in each case, and subject to confirmation may be waived. . . . . . . . . . . . ". A perusal, of this provision clearly shows that the imposition of any major punishment results in automatic removal of a person's name from the Promotion List. Thus, by the operation of the rule, the infliction of penalty on the petitioner resulted in the removal of his name from the Promotion List.