H. C. CHANDER PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as a Constable in the Haryana Police on November 11, 1979 and since, according to the petitioner, he had an aptitude for Photography and he has been performing the duties of a Police Photographer during investigation of heinous crime and motor vehicle accidents, he was even deputed for a basic course in Photography from January 1, 1987 to February 20, 1987, which was organised by Forensic Science Laboratory, Haryana, Madhuban.

(2.) Rule 13.8 of the Punjab Police Rules, 1934 , which deals with the promotion of the Constable to the rank of Head Constable, is reproduced below :-

(3.) It may be observed here that the institution of selection grade constable came to an end in the year 1980 by issuance of a notification dated March 18, 1980; therefore, the word 'selection grade' is not to be read in Rule 13.8(2). It is the case of the petitioner that without passing the Lower School Course he was promoted to the rank of Head Constable (Photographer) on May 13, 1993 on the basis of Rule 13.8(2) read with Rule 13.1. It is further the case of the petitioner that the order of promotion as Head Constable (Photographer) was issued with the prior approval of Deputy Inspector General of Police, Ambala Range, which was accorded vide Letter 6830/A-4 dated May 8, 1993. This averment has not been specifically denied. Superintendent of Police, Ambala, respondent No. 4, issued a show cause notice to the petitioner on April 23, 1997, calling upon him to show cause as to why he should not be reverted to the post of Constable. A copy of the show cause notice has been appended as Annexure P.8 with the writ petition. It is mentioned in the show cause notice that "the said promotion was not permissible under the PPR/Govt. instructions issued in this regard from time to time. 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 a number of cases. Therefore, the Director General of Police, Haryana, has issued instructions dated 02.02.1997 to review the cases of ad hoc promotion...." "It was further mentioned in the show cause notice that on examining the case of the petitioner, the Superintendent of Police, Ambala was of the opinion that the petitioner's promotion on ad hoc basis as Head Constable was not justifiable under the rules/instructions/judicial pronouncement. Petitioner sent a reply to the show cause notice on May 10, 1997. It was mentioned in the reply to the show cause notice that no rule or instruction or the judgment which might have been violated at the time the petitioner was promoted as Head Constable had been referred to in the show cause notice. The notice was wholly vague. In fact the petitioner's promotion was in consonance with Rule 13.8(2) . In the reply to the writ petition filed by the respondents it has been averred that the petitioner's out of turn promotion as Head Constable on ad hoc basis is not justifiable under any Rules of the Punjab Police and is against the judgment of this Court in C.W.P. No. 2704 of 1996 (Head Constable Brij Lal v. State of Haryana). However, order dated June 3, 1997, copy Annexure P- 13, was passed reverting the petitioner and some other Head Constables to the post of a Constable. This writ petition impugns the said order.