MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order impugned dated 19.4.2002 Annexure-4 passed by Rajasthan Civil Services Appellate Tribunal and the impugned compulsory retirement order dated 28.11.2000 Annexure-3, which is upheld by the learned Tribunal.

(2.) Brief facts of the case are that an appeal was preferred by the petitioner against the compulsory retirement order dated 28.11.2000 passed by the Superintendent of Police, Pali. In appeal, it is stated that initially, the petitioner was appointed as Constable w.e.f. 19.8.1969 at Pali Police Line. Thereafter, he was promoted to the post of Head Constable w.e.f. 28.4.1976. The petitioner was detailed for Promotion Cadre Course in the post of Head Constable and he has successfully completed the said course w.e.f. 22.2.1978 to 31.5.1978. As per the petitioner in his total service period, his performance was appreciated like anything and in between the period commencing from 1979 to 1999, he was awarded cash prize in 47 times. It is also stated that 75 appreciation letters were given to him for his satisfactory performance.

(3.) In the appeal, it was brought to the notice of the Tribunal by the petitioner that in his total tenure of service, some punishments after holding enquiry under Section 17 of the CCA Rules were inflicted but after taking into account all the punishments he was promoted twice in his service period; first, he was promoted from the post of Constable to the post of Head Constable and secondly, from the post of Head Constable to the post of Assistant Sub-Inspector and his case was considered by the Departmental Promotion Committee in the year 1995 and he was found eligible for promotion on the post of Assistant Sub-Inspector and as per the recommendation of Departmental Promotion Committee, the Dy. Inspector General of Police, Police Range, Jodhpur vide its order dated 4.10.1995, promoted the petitioner on the post of Assistant Sub-Inspector. Meaning thereby, the punishment and adverse entries, which were in existence prior to 1995, lost its sanctity because those entries were considered by the D.P.C. and he was promoted on the post of Asstt. Sub-Inspector, that too, after due recommendation by the D.P.C. by the Dy. Inspector General of Police, Jodhpur Range, Jodhpur.