IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 2978 of 2006 Date of Decision: Nov. 5, 2008 Nidhan Singh ......................................................... Petitioner Versus State of Punjab and others ................................ Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Rajan Gupta Present: Mr. S.K.Sharma, Advocate for the petitioner. Ms. Charu Tuli, Sr. DAG, Punjab, for the respondents. .... ASHUTOSH MOHUNTA, J. (Oral) The petitioner has prayed for quashing the orders Annexures P/5 and P/6 vide which his ORP rank of Sub Inspector was withdrawn. The petitioner joined the service of the Punjab Police as a Constable. He was granted out of turn ORP rank of Assistant Sub Inspector (ASI) on 2.2.1994 with the condition that he will not claim seniority over his seniors. The petitioner was further granted out of turn ORP rank of Sub Inspector on 28.10.1999. Certain persons who were senior to the petitioner approached this Court by filing various Civil Writ Petitions, one of them being CWP No. 1815 of 1999 which was decided with a direction that the cases of all the persons who had secured out of turn promotion be reconsidered. Accordingly, in the year 2005 a committee was constituted in the office of [ 2 ] C.W.P. No. 2978 of 2006 the Director General of Police, Punjab, to consider the claim of the petitioner and other police personnel who had done good work on the anti- terrorist front. The case of the petitioner and all other persons who had got fortuitous/ORP promotions to the rank of ASI were considered. In the case of the petitioner, it was found that the petitioner had been given two ORP ranks of ASI and Sub Inspector. After reviewing his case, he was allowed to continue as ASI. However, the ORP rank of Sub Inspector was withdrawn on the ground that the petitioner had done no substantial or outstanding work against the terrorists. Counsel for the petitioner submits that the petitioner had done outstanding work on the terrorist front, therefore, he be allowed to retain the ORP rank of Sub Inspector. In reply to the aforementioned contention raised by the counsel for the petitioner, counsel for the State submits that the petitioner was granted out of turn fortuitous rank of ASI on 27.1.1994 with the condition that he will not claim any seniority over his seniors and that he will get his regular promotion on his turn. It was also mentioned in the order Annexure P-2 that the petitioner will be reverted without issuance of any show cause notice in case his work deteriorates. The petitioner was also granted out of turn ORP rank of Sub Inspector. The case of the petitioner was considered by the committee which found that the petitioner has been given two ORP ranks of ASI and Sub Inspector. It was also found by the committee that the petitioner has not done any work against the terrorists and, therefore, after reviewing his case the petitioner was allowed to continue in the ORP rank of ASI. However, [ 3 ] C.W.P. No. 2978 of 2006 the second ORP rank of Sub Inspector was withdrawn vide order Annexure P-6. We have heard counsel for the parties at length. A perusal of the reply shows that the petitioner had been granted two out of turn promotions to the rank of ASI as well as to the rank of Sub Inspector. Various persons who were senior to the petitioner had been superseded by the petitioner. According to the respondents the petitioner had not done any work against the terrorists and, therefore, the committee reviewed the case of the petitioner and allowed him to retain one ORP rank of ASI. However, the ORP rank of Sub Inspector was withdrawn. We are of the considered view that the petitioner was not entitled to two ORP ranks of ASI as well as Sub Inspector as he has already been given one out of turn promotion to the rank of ASI. Moreover, the case of the petitioner has already been considered by a High Powered Committee constituted by the Director General of Police, Punjab, which has taken into account the entire work done by the petitioner. In view of the aforementioned facts, the petitioner is not entitled to retain the ORP rank of Sub Inspector which has rightly been withdrawn after considering his entire case. The writ petition is dismissed. ( ASHUTOSH MOHUNTA ) JUDGE ( RAJAN GUPTA ) JUDGE 5.11.2008 rupi