CWP No.1292 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1292 of 2009 (O&M) Date of Decision: 29.01.2010 **** Ram Parkash and others . . . . Petitioners VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. R.K. Malik, Senior Advocate with Mr. Vishal Malik, Advocate for the petitioners Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners impugn the show cause notices dated 07.01.2009 (Annexure P10, P11 & P12) asking to show cause as to why they be not reverted from the posts of Dy.SP to the post of Inspectors. (2). Shorn of the details, suffice it to note that the claims of the petitioners for promotion as Dy.SPs was considered by the Departmental Promotion Committee, firstly, in its meeting held on 3rd August, 2006 followed by another meeting on 05.07.2007. While juniors to the petitioners were CWP No.1292 of 2009.doc - 2 – promoted, their cases were kept in sealed cover for the reasons that either the petitioners were facing departmental proceedings and/or their representations against the adverse comments were pending consideration. Subsequently, the departmental proceedings were dropped and representations against the adverse comments/reports etc. were accepted. As there was no legal embargo, the sealed covers were opened and promotions were granted to the petitioners as Deputy Superintendent of Police from the due dates. (3). It so happened that before the sealed covers were opened, the State counsel had made a statement before this Court (in some other case) that no promotions shall be made till the seniority disputes were decided. (4). The respondents having believed that the petitioners were wrongly promoted in violation of the undertaking given before this Court, have issued the impugned show cause notices to the petitioners, proposing their reversions. (5). Vide a separate order of even date passed in COCP No.1826 of 2008, the contempt proceedings CWP No.1292 of 2009.doc - 3 – initiated against the respondents for the alleged willful disobedience of their undertaking, have been dropped. (6). Mr. B.S. Chahal, learned DAG Punjab, on instructions, states that there is no other reason to revert the petitioners except the threat of contempt proceedings. (7). Since the contempt proceedings are no longer pending against the respondents and there is no other reason whatsoever to revert the petitioners as their juniors, as per the seniority list prevailed at the relevant time, are still holding the promotional posts, the impugned show cause notices cannot sustain in law. (8). The writ petition is accordingly allowed and the impugned show cause notices dated 07.01.2009 (Annexure P10, P11 & P12) are hereby quashed. The respondents are directed to consider the claim of the petitioners for their promotions with effect from the dates when their juniors are said to have been promoted with all consequential benefits. The needful shall be done within a period of four months from the date of receipt of certified copy of this order. CWP No.1292 of 2009.doc - 4 – (9). Ordered accordingly. (10). Dasti . (SURYA KANT) JUDGE 29.01.2010 vishal shonkar