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2021 DIGILAW 460 (HP)

Anil Kumar v. State Of H P & Ors.

2021-07-26

SATYEN VAIDYA, TARLOK SINGH CHAUHAN

body2021
JUDGMENT Tarlok Singh Chauhan, J. - Since common questions of law and facts arise for consideration in all these petitions, therefore, the same were taken up for consideration and are being disposed of by common judgment. 2. The petitioners in CWPs No. 3522/2021 & 3275/2021 are Head Constables, whose names have not been recommended to undergo Intermediate School Course, whereas petitioner in CWP No. 2429/2021 is Assistant Sub Inspector, whose name has not been recommended to undergo Upper School Course, only on account of minor penalty of stoppage of one or two increments without cumulative effect imposed upon them. 3. The respondents themselves have issued instructions dated 24.2.2011, relevant portion whereof reads as under:- "Office of the Director General of Police, Himachal Pradesh, Police Headquarters Shimla-171002 To All Heads of Police Officials in Himachal Pradesh. No. P.II(9) instruction/2011-5836-66 Dated 24.2.2011 Subject: Regarding major punishment/Adoption of Uniform policy by the Departmental Promotion Committee(s) Intermediate School Course and Instruction thereof. Sir, In supersession of this office memo No. P-II(9)3/93-1290- 1304 B. dated 12.1.1995 on the subject cited above. The major and minor penalties for the purpose of all departmental promotion committee(s) for Intermediate School Court, Upper School Course etc. shall be guided by Chapter-XI Section 87(2) of HP Police Act as under:- (I) Major peanlities:- The NGOs Grade-I and Grade-II, who are awarded the punishment of stoppage of increments with cumulative effect should not be recommended for promotion selection to the promotion course or confirmation etc. for a period of 3 years from the date of order of punishment or currency period of punishment which ever is longer, the period shall be counted from the date of order passed by the Disciplinary Authority. Where an incumbent has been reverted from higher rank to lower rank in disciplinary proceedings, for a specified period on completion of that specified period the competent authority to restore him to the rank from which the incumbent was reverted. (ii) Minor Penalities:- The NGOs Grade-I and II who have been awarded minor penalties viz. withholding of increments for three years without cumulative effect, the applicant was held to be entitled to promotion, confirmation etc. on the expiry of the punishment from the date on which he had become due i.e. after 3 years of issuance of the punishment order." 4. withholding of increments for three years without cumulative effect, the applicant was held to be entitled to promotion, confirmation etc. on the expiry of the punishment from the date on which he had become due i.e. after 3 years of issuance of the punishment order." 4. The aforesaid instructions clearly go to indicate that the NGOs Grade-I and II, who have been awarded minor penalties viz. withholding of increments for three years without cumulative effect are entitled to promotion, confirmation etc. from the date on which they had become eligible i.e. after 3 years of issuance of the punishment order. Whereas, in case of major penalty, it would be noticed that it has been specifically provided that the NGOs Grade-I and II, who has been awarded the punishment of stoppage of increments with cumulative effect should not be recommended for promotion selection to the promotion course or confirmation etc. for a period of 3 years from the date of order of punishment or currency period of punishment, whichever is longer. The period shall be counted from the date of order passed by the Disciplinary Authority. Meaning thereby, it is only in the case of major penalty where the NGOs Grade I and II cannot be recommended for promotion, selection to the promotion course or confirmation etc., whereas such provision is clearly and conspicuously absent where minor penalty has been imposed. 5. That apart, selection for the intermediate school course does not form part of the process of promotion of a Head Constable to the rank of an Assistant Sub Inspector of Police, which process starts only from the stage when the names are considered for entry in list 'D' under Rule 13.9 of Punjab Police Rules as applicable to State of Himachal Pradesh and that stage is reached only after a Head Constable has passed the Lower School Course and the Intermediate School Course. 6. In taking this view, we are fully supported by the judgment rendered by Full Bench of the Punjab and Haryana High Court in Sardul Singh Head Constable vs. InspectorGeneral of Police and ors., (1970) AIR(P&H) 481, relevant portion whereof reads as under:- "13........ 6. In taking this view, we are fully supported by the judgment rendered by Full Bench of the Punjab and Haryana High Court in Sardul Singh Head Constable vs. InspectorGeneral of Police and ors., (1970) AIR(P&H) 481, relevant portion whereof reads as under:- "13........ In our view, the selection for the Intermediate School Course does not form part of the process of promotion of a Head Constable to the rank of an Assistant Sub-Inspector of Police which process starts only from the stage when the names are considered for entry in list 'D' under Rule 13.9 and that stage is reached only after a Head Constable has passed the Lower School Course and the Intermediate School Course. All the observations of Sandhawalia, J., will apply from that stage onwards and not from the stage prior thereto." 7. In view of the aforesaid discussions, we direct the respondents to send the petitioners in CWPs No. 3522/2021 & 3275/2021 to undergo Intermediate School Course, like other Head Constables, mentioned in office order dated 11.6.2021 and in case any other relaxation is required to be granted to them, the same be also granted. However, insofar as their further prayer for holding them entitled to be promoted as Assistant Sub Inspector from the due date, the same at this stage is clearly premature. As regards petitioner in CWP No. 2429/2021, vide interim order dated 19.4.2021, he was permitted to attend the Upper School Course commencing from 19.4.2021. Therefore, in case he has completed his course, respondents are directed to consider his case for promotion to the post of Sub Inspector from the due date, in accordance with law. 8. The writ petitions are allowed in the aforesaid terms, so also the pending application(s), if any, leaving the parties to bear their own costs.