CWP (T) No. 2382/2008 26.2.2009: Present: Mr. D.P. Gupta, Advocate vice counsel for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Additional Advocate General and Mr. Vikas Rathore, Deputy Advocate General for the respondents. The petitioner was imposed major penalty of forfeiture of four years service in the year 1982. The case of the petitioner was required to be considered as per rule 13.8 (2) of the Punjab Police Rules. Mr. D.P. Gupta, Advocate has strenuously argued that the petitioner was eligible for promotion against 10% exemptee quota. However, the case of the State as projected by the learned Senior Additional Advocate General is that the case of the petitioner could not be considered for promotion due to the language employed in rule 13.8 (2) of the Punjab Police Rules. It has come in the reply of the respondent-State that there was nothing adverse against the petitioner after 1983 but his case could not be considered for promotion since his case was not recommended by the Superintendent of Police due to adverse service record. Though the case of the petitioner for promotion could not be considered as per rule 13.8 (2) of the Punjab Police Rules since major punishment was imposed during the last ten years i.e. in the year 1982, however, after the expiry of the period of ten years his case was required to be considered in accordance with law. The petitioner has superannuated in the year 1999. Consequently, the respondents are directed to consider the case of the petitioner for promotion to the post of Head Constable within a period of four weeks since ten years of major penalty have elapsed in the year 1992. In case the petitioner is found suitable he will be held entitled to all the consequential benefits. In view of the observations made hereinabove, the writ petition is disposed of. There shall, however, be no order as to costs. (Rajiv Sharma), February 26, 2009 Judge. *Awasthi*