RAMESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This civil writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ quashing promotion order Annexure P-16 dated 31.08.2009 vide which the private respondents who are junior to the petitioner have been promoted as Assistant Sub Inspector of Police and the petitioner has been ignored.

(2.) Learned counsel contends that for the promotion to the post of ASI, Rule 13.1 of the Punjab Police Rules is a relevant provision. It has been asserted on behalf of the petitioner that the petitioner is eligible for promotion and the case of the petitioner was required to be considered for promotion particularly because the penalty of forfeiture of three years' service permanently was imposed on 04.08.2005. The period elapsed in August 2008. Persons junior to the petitioner have been promoted on 31.08.2009. Learned counsel further has drawn the attention of the Court towards Annexure P-2 endorsed on 25.11.1994 issued by Director General of Police to the effect that criteria adopted by Departmental Promotion Committee would confine the effect of major punishment i.e. forfeiture of service for the period of punishment only. Learned counsel states that the major penalty imposed on the petitioner has been challenged in this Court. De hors the result of the writ, the petitioner is entitled to promotion. So far as minor penalty is concerned, the same could be effective only for one year.

(3.) Be that as it may, aggrieved by the action of the respondents in not considering the petitioner for promotion, the petitioner filed representation Annexure P-17 dated 23.09.2009. No decision thereon has been taken. It has been contended that the case of the petitioner was not even forwarded to Departmental Promotion Committee.