G S BROCA Vs. GOVT OF J&K

JUDGEMENT

(1.) A writ petition No. 303 of 1972 was filed by the petitioner for issuance of a writ of certiorari quashing the Government Order No. Home -285 (Police) dated 22nd of June 1971 whereby the appeal preferred by the petitioner against the order of the respondent No. 66 of 1960 dated 19th of March 1966 was rejected. The petitioner also claimed a writ of mandamus commanding the responding to promote the petitioner from the date Shri Chuni Lal was promoted.

(2.) THE case of the petitioner was that he joined the police force of the State as a constable. While he was so working, his three juniors were promoted as selection grade constables over his head incontravention of the Rules. The petitioner made a representation to the then Inspector General of Police who held that two of the promotees were definitely senior to the petitioner while Shri Chuni Lal the third promotee was junior to him and that in view of the good work done by the petitioner he be also promoted to selection grade against the next vacancy. He ordered that the petitioner be placed senior to Shri Chuni Lal. This order of the Inspector General of Police was reaffirmed by his successor -in -office who directed the then Superintendent of Police Jammu to consider the petitioner as for his being been promoted to the selection grade on the first vacancy which had occurred after the date of the order. The petitioner was to be given his pay and was to be placed in the seniority list as ordered. It seems that these orders were not implemented. In the intervening period some more promotions were made. The petitioner filed an appeal against these orders of promotions as well. By his order dated June 24, 1955 the Inspector General of Police while disposing of the appeal directed that the petitioner be given his due place in the order of seniority. He, however, observed that as promotion to a higher rank did not depend upon seniority alone, the suitability of the petitioner for promotion will be judged on the basis of reports made by the Deputy Inspector General of Police in respect of the petitioners efficiency, integrity and general reputation. The petitioner went up in revision before the Government. He made grievance of the fact that be had been declared senior to Chuni Lal much earlier and therefore he should have been promoted to the higher rank before the said Chuni Lal but his claim was ignored and on the other hand his juniors were promoted. Some observations were made by the Divisional Authority vide order No. 16 of 1959 dated 15th of January 1959 directing that Shri Chuni Lal A.S.I, and the petitioner who was officiating as A.S.I, should exchange their places. The petitioner was declared as S.P.T. Assistant Sub -Inspector with effect from January 14, 1955, the date from which Shri Chuni Lal had been declared S.P.T. Chuni Lal was subsequently prompted as officiating Sub Inspector from November 1, 1959. The petitioner went up in appeal against this order. He urged that he was not considered for promotion as Sub Inspector whereas his junior Shri Chuni Lal was promoted. The petitioner was not even called for interview and considered. The appeal was, however, rejected by the Government after seeking comments from the Inspector General of Police. It was observed that at the time when Shri Chuni Lal was promoted as Officiating Sub Inspector the petitioner was under heavy clouds. On consideration of this writ petition which was resisted by the Government, the learned Judge Honble Jaswant Singh (as he then was) allowed the writ petition, quashed the impugned order of the Government passed on appeal and directed that the petitioners case for promotion be considered in the light of the relevant rules from the day Shri Chuni Lal was promoted as officiating Sub Inspector, adding that in case it was found that the petitioner was entitled to promotion on the relevant dates, the monetary and other benefits, that might have accrued to him, be granted to him. The learned Judge held that considering the commendation certificates and cash award granted in favour of the petitioner, the Government was not justified in saying that the petitioner was rightly ignored and that he was under heavy cloud. In ignoring his claim both the Inspector General of the Police and the Government had acted in contravention of the Rules.

(3.) ON the case again coming up for consideration of the claim of promotion before the then Inspector General of Police ( Mr. Surinder Nath) the latter held that Shri Chuni Lal was rightly promoted over the head of the petitioner in the cadre of Sub -Inspector on the basis of merit and suitability. Shri Broca is not fit to be promoted as Sub Inspector, in fact at the relevant time his service records revealed that he was an unreliable and undependable officer of doubtful integrity. In these circumstances he could not be considered for promotion in the year 1960. This order was passed on 30th of June 1973.