Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Police Rules 1934: r.13.14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Police Rules, 1934: r.13.14 – Promotion to the post of Inspector – r.13.14(2) provides that no Sub-Inspector shall be considered eligible for promotion to a selection grade unless he has at least eight years’ approved service as an upper subordinate, of which five years shall have been in the rank of Sub-Inspector – Promotion to selection grade of a Sub-Inspector was pre-condition for including the name of a Sub-Inspector in List ‘F’ which is a list from which promotion to Inspector was to be made – Even though scheme of grant of selection grade was done away by the State by its common order dated 29.04.1987, the exercise of promotion to Inspector from Sub-Inspector even after 29.04.1987 was done on the basis of requirement of Rule 13.14(2) – The criteria in the Rules for assessing a person that he was entitled for grant of selection grade cannot be said to be meaningless with no purpose after withdrawal of the selection grade – For promotion to Sub-Inspector to selection grade eight years’ approved service was contemplated which was with intent that sufficient experience is gained by a Police personnel to be considered for promotion to Inspector who is to man a Police Station and has to discharge other important functions – The selection grades are in the nature of promotional scale, therefore, the criteria provided for promotion to selection grade can very well be taken as criteria for further promotion which is the spirit of the Rules followed uniformly by the State while effecting the promotion – The object and purpose of the Rules and methodology for evaluating the Police personnel to move in the higher rank in the same or to the next rank cannot be lost sight nor can be ignored merely because the scheme was withdrawn on 29.04.1987 – No error is committed by the State in continuing the evaluation of the Sub-Inspectors on the basis of criteria as provided in Rule 13.14 while effecting promotion – Service law – Promotion. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2021 INSC 218 |
Petitioner | Suresh Kumar |
Respondent | The State Of Haryana & Ors. |
SCR | [2021] 3 S.C.R. 278 |
Judgement Date | 2021-03-26 |
Case Number | 1076 |
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