KUNDAN LAL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By means of this petition, the petitioner has claimed the following substantive reliefs:-

(2.) The petitioner was appointed as a Constable in the Police Department in April, 1980 and thereafter was promoted as Head constable and then in the year 2003 promoted as Assistant Sub Inspector. The petitioner claims that in the year 2009, he was due for promotion to the post of Sub Inspector, but vide order dated 26.09.2009 issued by the Superintendent of Police, Bilaspur, the petitioner was imposed punishment of forfeiture of three years approved service permanently against which the petitioner preferred an appeal before the respondent No.3, who rejected the same vide order dated 08.03.2010. The petitioner thereafter filed a mercy appeal/revision before the respondent No.2 which also came to be dismissed vide order dated 03.08.2010. The petitioner then preferred CWP No.8672/2011 before this Court which came up for consideration on 30.09.2011 and the respondent No.2 was directed to consider the case of the petitioner in light of the orders passed in CWP No.985/2011. On 04.11.2011, the respondent No.2 again rejected the appeal of the petitioner by relying upon the instructions dated 24.02.2011 wherein it was provided that the promotion could not be ordered during the currency of the punishment.

(3.) The main ground of challenge by the petitioner is that in the guise of infliction of punishment of forfeiture of three years regular service permanently, the respondents have denied the petitioner promotion to the post of Sub Inspector without appreciating that forfeiture of three years regular service permanently did not render him ineligible for promotion to the post of Sub Inspector.