IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP.NO.9871 of 2007 DATE OF ORDER: 31.1.2008 Sat Pal ....Petitioner(s) Versus State of Haryana and others .....Respondent(s) CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ranjit Saini, Advocate. Mr. Harish Rathee, Sr. DAG, Haryana. JASBIR SINGH,J (ORAL) Vide order dated 2.7.2007 Annexure P.8, the petitioner was reverted from the post of Officiating Head Constable to that of Constable. By filing the present writ petition, he has impugned the above mentioned order. When notice of motion was issued, following contentions of counsel for the petitioner was noticed by this Court on 6.7.2007: “Counsel for the petitioner contends that although the petitioner has served as Constable for the last 16 years and he was promoted from the post of Constable to the rank of Head Constable vide order Annexure P-5, but now the petitioner has been reverted vide order Annexure P-8 on the ground that his integrity had been held to be doubtful in the year 2002. Learned counsel submits that the respondents have wrongly placed reliance on instructions Annexure P-9, which pertain to the up-gradation of non-cadre Constables as exemptee Constables, whereas the petitioner does not fall in the aforementioned category.” Admittedly the petitioner was taken in service as Constable in CWP.NO.9871 of 2007 #2# the year 1991. In the year 2002, inquiry was instituted against him along with one Ram Karan. It was allegation against them that in some case, they had taken illegal gratification. After conclusion of the departmental inquiry vide order dated 13.9.2002 (P.2), punishment of only censure was ordered against both of them. It is also not in dispute that the petitioner was deputed to the Lower School Course as per his seniority and merit vide order Annexure P.3 on 1.12.2003. On passing the abovesaid course, his name was brought on promotion list C-1 w.e.f 1.10.2004 vide order dated 7.10.2004, (P.4). Thereafter, he was promoted as Officiating Head Constable on 10.1.2006 (P.5). Show cause notice was given to him on 4.6.2007 for reverting him to the lower post. He filed reply, which did not find favour with the respondents and thereafter order dated 2.7.2007 (P.8) was passed reverting him from the post of Head Constable. It is apparent from the record that when order of reversion was passed, reliance was placed on instructions dated 13.8.2000 (P.9). Perusal of the documents mentioned above clearly indicates that the above instructions were issued for promotion of those Constables, who had completed 16 years of service and had failed to pass the requisite course, to promote them, against non-cadre post. We have failed to understand as to how those instructions can be made applicable to a Constable, who was promoted to the post of Officiating Head Constable on his own turn and against the cadre post after having passed the requisite course. Furthermore, reading of instructions Annexure P.9, clearly indicates that only that Constable will be debarred from promotion, to whom punishment of censure, drill etc have been awarded during the last six months, immediately preceding the date when that official was due for promotion. Even if, we presume that instructions Annexure P.9 are applicable to the petitioner, reversion is not justified in view of clause “d” of those instructions. It is highly arbitrary on the part of the respondents to revert the petitioner vide order dated 2.7.2007, Annexure P.8. It is an admitted fact that in the year 2002, along with the petitioner, one Constable Ram Karan was awarded punishment of censure in the same inquiry. That Constable failed to pass the requisite course, however, by taking recourse to the instructions Annexure P.9, he was promoted on 27.9.2005 (P.10). If that is so, it is very strange as to how the petitioner can CWP.NO.9871 of 2007 #3# be reverted to a lower post by following those very instructions. In view of the facts mentioned above, we allow this writ petition and quash Annexure P.8 and direct the respondents to restore promotion of the petitioner with all consequential benefits, to the post of Officiating Head Constable. ( JASBIR SINGH ) JUDGE January 31, 2008 ( JASWANT SINGH ) manoj JUDGE