DHRUB KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The plain and simple case of the applicant is that he was initially appointed by the respondent department as a Constable in the year 1984. He was granted further promotion as a Head Constable in the year, 1989. Vide Annexure - a -1, the applicant was granted promotion as a Assistant Sub Inspector (A.S.I.). The said promotion order was "issued by the Director General of Police, Himachal Pradesh, in exercise of the power vested in him by the virtue of Rule 13.21 of Punjab Police Rule (as applicable of State of H.P.). The said promotion was granted by relaxation of the " rules in the following unambiguous terms: - "the following police personnel are hereby promoted by giving relaxation in the rules as per rule 13.21 of Punjab Police Rule with effect and on promotion they were posted to the District/Units shown against their names."

(2.) Now in the above background, it will be fruitful to re -produced the provision of Rule 13.21 of PPR as under: - "13.21 power of relaxation - where the Inspector General of Police is of the opinion that it is necessary or expedient to do so, he may, by order for reasons to be recorded in writing relax any of the provisions of this chapter with respect to any class or category of persons."

(3.) It is this provision of P.P.R. in exercise of which the Director General of Police has given his categorical relaxation while ordering promotion of the applicant to the post of Assistant Sub Inspector of Police. The said provision was invoked as the applicant was awarded Prime Ministers Life Saving Police Medal for the gallantry work.