Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 15 (RAJ)

Derawar Singh v. State of Rajasthan

2011-01-04

GOPAL KRISHAN VYAS

body2011
JUDGMENT 1. - Heard learned counsel for the parties. 2. The petitioner is working on the post of Sub-Inspector substantively from 24th of August, 1996 in police department. The petitioner's case was recommended by the Superintendent of Police (Rural), Jodhpur and Inspector General of Police, Jodhpur Range, Jodhpur for out of turn Promotion in accordance with Rule 28(b) of Rajasthan Police Subordinate Service Rules, 1989 to the Director General of Police, Rajasthan, Jaipur. The case of the petitioner for out of turn promotion was turn down vide impugned order dated 3rd of Nov., 2008 (Exhibit 5) against which this writ petition has been filed by the petitioner with the prayer that though he has made an application for supplying reasons under the Right to information Act for denial of promotion out of turn but no reasons have been furnished by the respondent, Police Department. Therefore, it is obvious that case of the petitioner has not been considered after due application of mind and in arbitrary manner the candidature of the petitioner has been rejected. 3. On 9th of December, 2010, coordinate Bench of this Court directed the Government Counsel appearing on behalf of Police Department to produce the notification with regard to procedure for considering the candidature of the candidates for out of turn promotion along with record. The learned Government Counsel, Shri IS. Pareek has produced today the service record with regard to consideration of petitioner's candidature for out of promotion so also produced order dated 22nd of January, 2005 and while submitting above documents, it is argued by the learned Government Counsel that before placing the petitioner's case for considering out of turn promotion before the committee, the Inspector General of Police is having jurisdiction to assess suitability for the purpose of recommending his case for promotion out of turn. In this matter, recommendation made by the Superintendent of Police (Rural), Jodhpur and Inspector General of Police, were considered by the Inspector General of Police and it is found that petitioner's case is not required to be placed before committee although his performance is good. 4. In this view of the matter, it is submitted that this writ petition deserves to be dismissed because in the opinion of the competent authority, the petitioner was not found suitable for out of turn promotion. 5. 4. In this view of the matter, it is submitted that this writ petition deserves to be dismissed because in the opinion of the competent authority, the petitioner was not found suitable for out of turn promotion. 5. After hearing learned counsel for both the parties and perusing the entire record of the case, it appears that there is recommendation in favour of the petitioner for out of turn promotion by the Superintendent of Police (Rural), Jodhpur as well as Inspector General of Police, Jodhpur Range, Jodhpur and recommendation made by both the authorities were forwarded to Inspector General of Police, C.B. and after receiving recommendation, the said authority considered the case of the petitioner on 21st of July, 2007 and made following observations:- "I.G.P. CB: SP Jodhpur (Rural) and IGP Range JDR have recommended out of turn promotion for Sh. Deravar Singh SI for the works done over a period of six years in different Distt. Though the officer has done well, in all there doesn't appear to be a case of justification for promotion. The matter may be referred back to IGP Range for n/a at his end. SD/21/7" 6. Upon perusal of above consideration made by the Inspector General of Police, I am of the opinion that it cannot be said that consideration has been based with due application of mind and no reasons are in existence upon which the Inspector General of Police has referred back the case of the petitioner for out of turn promotion. It is true that there is power left with the higher authorities to assess the suitability for granting out of turn promotion but at the same time competent authority is required to act in accordance with Rules and notification issued by the Government from time to time. 7. In this view of the matter, while quashing Annex.5 dated 3.11.2008, the case is hereby remitted to the Director General of Police, Jaipur for reconsideration with the expectation that the case of the petitioner will be considered by him after due application of mind and while deciding petitioner's case, reasons will be recorded.With these observations and directions, this writ petition is allowed.Impugned Order Quashed - Matter Remitted for Reconsideration. *******