IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.7538 of 2010 Date of decision : 23.11.2011 Punita ....Petitioner Versus The State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Dr.Suresh Kumar Redhu, Advocate for the petitioner. Mr.Harish Rathee, Sr.Deputy Advocate General, Haryana for the respondents. ..... MAHESH GROVER, J. The petitioner prays that she be considered for being deputed to B-1 Course in accordance with the seniority and her merit. Her grievance is directed against the action of the respondents who did not permit the petitioner to appear in B-1 test on the ground that she was undergoing currency of punishment. In reply the averments made by the petitioner have not been denied and the very reason which the petitioner has taken has been reiterated by the respondents to justify their action in saying that the petitioner could not be sent for the said Course in view of the fact that she was undergoing the currency of punishment of stoppage of increments awarded to her. They have brought to the notice of the C.W.P.No.7538 of 2010 -2- Court that after the currency of punishment has expired, the case of the petitioner was considered and she had been deputed for the Course in the year 2011. Learned counsel for the petitioner referred to the criteria that is to be adopted at the time of allocation of marks and has contended that the petitioner could have been awarded marks by deducting it according to the criteria which contemplates that for every major punishment 5 marks, for every minor punishment 2 marks and for censure 1 mark is to be deducted. On due consideration of the matter, I am of the opinion that it has not been disputed by the petitioner that there are instructions in vogue and according to clause 12 thereof, which is extracted below, a person who is undergoing currency of punishment is debarred from being considered if his case is likely to mature during the period when he is undergoing punishment. “Government policy on reservation in promotion, if any, shall be followed while selecting persons for list B under 55% merit quota as well as for 35% quota for seniority-cum-fitness. However, the same shall not apply for the 10% category meant for out of turn promotion on the basis of outstanding performance in job, All India Police Games/Duty Meet/National Games and for exceptional bravery. Posts unfilled in this section in a year shall lapse : Provided that no constable during the period when he is undergoing punishment shall be eligible for C.W.P.No.7538 of 2010 -3- entry into promotion list B. For inclusion in list B against 35% seats reserved for seniority-cum-merit officials having two or more major punishments in their service career shall be debarred from being considered for promotion list B.” The awarding of marks, as the petitioner prays for, would be at a stage of consideration subsequent to the expiry of the currency of punishment wherein the respondents are within their rights to consider if a person has been awarded major/minor punishment or censure. Having regard to the aforesaid, I do not find any reason to interfere in the petition which is held to be without any merit and is dismissed. 23.11.2011 (MAHESH GROVER) JUDGE dss