Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Punjab Police Rules 1934 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Punjab Police Rules, 1934: rr. 12.10, 13.1, 13.7 – Promotion to Head Constable – Promotion under the 10% quota of outstanding performance for inclusion in the B-I List – Recommendation power of Departmental Promotion Committee (DPC) – Power of Inspector General of Police (IG) to review or substitute the recommendations of Superintendent of Police (SP) – Appellant was appointed as a Head Constable in the year 1995 – His name was recommended by the SP under the 10% quota of outstanding performance for inclusion in the B-I List for promotion to the post of Head Constable in the year 2004 – However, his name was dropped down by the IG – Three years later, i.e., in 2007, his name was again forwarded by the SP and this time it was passed by the IG, by virtue of which he was granted promotion and was made the Officiating Head Constable from 2008 – Appellant filed writ petition in 2011 seeking retrospective promotion with effect from 2004, his grievance was that he should have been promoted in the year 2004 itself and that the delay in appointing him in 2008 is illegal and arbitrary – High Court dismissed the petition on the ground that selection is not a matter of right – Held: In view of the clear procedure laid down under Rule 13.7, the claim of the appellant fail as the assumption that the recommendation of DPC headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived – The Rule itself clarifies the position that the recommendation of the SP is not final until the same is approved by the IG – Further, the powers of the IG are elucidated clearly in r. 13.7(14) – It is stated that the ‘approval’ is by the Cadre Controlling Authority of the SP – It is the IG, who shall accord ‘approval’ only upon scrutiny – This means if the IG is not satisfied, he shall not accord approval – The scope of the power vested in the IG is also indicated in the Rule which provides that he can seek clarifications from the DPC and also refer the list back to the SP for corrections/ omissions if he thinks it is necessary – Thus, the recommendation of the DPC is not final and does not give any indefinite right to be appointed as Head Constable – Service law. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2022 INSC 67 |
Petitioner | Sushil Kumar |
Respondent | The State Of Haryana & Ors |
SCR | [2022] 16 S.C.R. 279 |
Judgement Date | 2022-01-19 |
Case Number | 401 |
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