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Allahabad High Court · body

1994 DIGILAW 25 (ALL)

Hari Nath Singh v. State of Uttar Pradesh

1994-01-07

A.S.TRIPATHI

body1994
JUDGMENT : A.S. Tripathi, J. This writ petition has been preferred by the Petitioner for a writ of mandamus commanding the Respondents to give effect to orders dated 30-6-1984 and 15-7-1984 by which the Petitioner was promoted and posted as Inspector by Respondent No. 2, Deputy Inspector General of Police, Uttar Pradesh Allahabad, and to post the Petitioner as Circle Inspector in accordance with the approved list of Inspectors dated 30-6-1984. It was further prayed that the Respondents be directed by a writ of mandamus to give all benefits, seniority, payment of salary and back wages etc. 2. I have heard learned Counsel for the Petitioner and learned Standing counsel appearing for the Respondents at length and perused the papers on record. 3. In this writ petition counter and rejoinder affidavits have been exchanged and this petition can be finally disposed of under the Rules of Court at the admission stage. 4. The Petitioner was working as Sub Inspector in Uttar Pradesh Civil Police. After certain length of service the Petitioner was considered for promotion to the post of Circle Inspector in the year 1984. A selection committee duly constituted for the purpose had found the Petitioner suitable for promotion and has recommended the promotion of the Petitioner. In pursuance of the recommendation the Petitioner was actually promoted to the post of Circle Inspector. The posting order was issued on 30-6-1984. Subsequently the promotion and posting orders were withdrawn by subsequent order dated 15-7-1984 on the ground that some enquiry was pending against the Petitioner. 5. The Petitioner alleged that no enquiry was pending against the Petitioner No adverse entry was existing in his character roll. There was no ground to withdraw the posting order already issued. On these grounds the impugned order dated 15-7-1984 was challenged. 6. A counter affidavit was filed on behalf of the Respondents and in paragraphs Nos. 9, 10 and 11 of the said counter affidavit it was alleged that three enquiries were pending against the Petitioner on account of which the promotion and posting order was withdrawn. It was further alleged that there was an adverse entry in the character roll of the Petitioner which also stood in his way for promotion. 7. The Petitioner has filed a rejoinder affidavit in which it has been alleged that three enquiries were concluded in his favour and the adverse entry recorded earlier was also expunged. It was further alleged that there was an adverse entry in the character roll of the Petitioner which also stood in his way for promotion. 7. The Petitioner has filed a rejoinder affidavit in which it has been alleged that three enquiries were concluded in his favour and the adverse entry recorded earlier was also expunged. Annexure No. 7 to the rejoinder affidavit filed in this writ petition shows that the Superintendent of Police, Banda after making due enquiry found the Petitioner not guilty and he was discharged of the charges by order dated 12-6-1991. Same day in another enquiry the Petitioner was not found guilty again and the notice was discharged A copy of the order passed by the Superintendent, Police, Banda is Annexure No. 8 on record. Again Annexure No. 9 has been filed with the order dated 12-6-91 passed by the Superintendent of Police, Banda to show that although the charges are not proved against the Petitioner yet an order was passed to make adverse entry in the character roll of the Petitioner. Against this order the Petitioner had preferred an appeal before the Inspector General of Police, Allahabad Zone, who by an order dated 31-8-1992 allowed the appeal of the Petitioner and aforesaid adverse entry recommended by the Superintendent of Police, Banda was expunged. In view of this order now there is no adverse entry in the character roll of the Petitioner. All the enquiries have been concluded in his favour. In view of these facts the Superintendent of Police. Sultanpur where the Petitioner was presently posted wrote a letter dated 22-5-1992 to the Deputy Inspector General of Police recommending the promotion of the Petitioner to the post of Circle Inspector on the ground that all the enquiries have been concluded and the Petitioner has been discharged of the charges. Therefore, there is no adverse entry in the character roll of the Petitioner Inspite of this letter the promotion order dated 15-7-1984 were not issued. 8. While entertaining this petition this Court had directed on 13-5-1991 by issuing interim mandamus that the Petitioner be promoted to the post of Circle Inspector or to show cause. The Respondents inspite of this order did not pass the order of promotion in favour of the Petitioner and a counter affidavit was filed. 9. The fate of the counter affidavit is obvious as discussed earlier as disclosed in paragraphs Nos. The Respondents inspite of this order did not pass the order of promotion in favour of the Petitioner and a counter affidavit was filed. 9. The fate of the counter affidavit is obvious as discussed earlier as disclosed in paragraphs Nos. 8, 9 and 10 of the counter affidavit simply shows that the promotion was withdrawn on the ground that some enquiries were pending The results of the enquiries have already been discussed above and he enquiries ended in favour of the Petitioner. Adverse entries were also expunged. Therefore, there remains nothing for the Respondents to show cause against the claim of the Petitioner for promotion 10. Accordingly the writ petition is allowed. It is directed by a writ of mandamus that the Respondents shall issue an order of promotion to the Petitioner to the rank of Circle Inspector within one month from the date of production of certified copy of this judgment. It is further directed that seniority of the Petitioner shall remain intact as if he had already been promoted in the year 1984. However, it is clarified that the Petitioner will not get salary of Circle Inspector for the period he was not actually promoted and taken over on the post of Circle Inspector. He will get the salary of the post of Circle Inspector only on the date he joins as Circle Inspector on being promoted in pursuance of this order. However, the Petitioner will be entitled to other benefits for the post of Circle Inspector.