Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Police Act 1861-Sections 2 and 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Indian Police Act, 1861-Sections 2 and 12: Punjab Police Rules, 1934-Rules 13.2A, 13.8(2) and 13.3(1): Promotion-Given out of turn-Based on courage and outstanding performance in sports-Granted by Circulars and Guidelines issued by DGP-Proposal of 'Own Rank and Pay' (ORP) Scheme by State to encourage and reward good work-Held: Grant of such promotion :not permissible as the same is beyond the purview of the Rules-Hence ultra vires Section 2 of the Act-Though it cannot be treated as regular promotion, but can be treated as grant of higher rank in exercise of Section 12-Hence the promotions not falling under the Rules, could be granted under ORP Scheme-However, the Gazetted Police Officers cannot come under the Scheme as the power to promote such officers vests with local Government.Promotion to non-existent post-In view of long service-Held: such promotion is not permissible unless the post is created-However, in view of long service of the official, promotion is not disturbed-Government directed to regularize the appointment. |
Judge | Honble Mr. Justice S. Rajendra Babu |
Neutral Citation | 2004 INSC 253 |
Petitioner | S.i. Paras Kumar And Ors |
Respondent | S.l. Ram Charan And Ors. |
SCR | [2004] 3 S.C.R. 1207 |
Judgement Date | 2004-04-12 |
Case Number | 2273 |
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