CWP(T) No.2922/2008 23.11.2010 Present: Mr. Ranjan Sharma, Advocate, for the petitioner Mr. Vikas Rahroe, Dy. A.G. for respondents No.1 to 4 Mr. G. R. Palsra, Advocate, for respondent No.8. It is the case of the petitioner that private respondents stand promoted as Inspector of Police on 5.7.1994 and 22.8.1995. According to the petitioner this was so done in violation of the provisions of Chapter XIII of the Punjab Police Rules and more specifically provisions 13.20 of the Rules. 2. In the reply, respondents have justified their action by relying upon the provisions of Rule 13.15 of Chapter XIII Punjab Police Rules. Rule 13.15 reads as under:- “13.15 List F – Promotion to Inspectors. (1) Recommendations on behalf of Sergeants and Sub- Inspectors considered fit for promotion to the rank of Inspector shall be submitted with their annual confidential reports on the 15th April each year to Deputy Inspectors-General by Superintendents of Police in Form 13.15(1). Recommendations on behalf of Sergeants and Sub-Inspectors employed in the Government Railway Police will be sent direct to the Inspector- General of Police by the Assistant Inspector-General, Government Railway Police, in the same form and not later than October each year. The Deputy Inspector-General shall decide, after seeing the officers recommended, and in consideration of their records, and his own knowledge of them, whether to endorse the recommendations of Superintendents of Police and forward them to the Inspector-General. He will keep a copy of any recommendation so forwarded in the personal file of the officer; if he decides not to endorse a recommendation, he shall retain the original in the officer’s personal file and send a copy of his own order on it to the Superintendent concerned. Deputy Inspector-General shall finally submit recommendations to the Inspector-General as soon as they are satisfied as to the fitness of officers recommended, but in no case later than October each year. (2) Such of the officers recommended as the Inspector-General may consider suitable shall be admitted to promotion list ‘F’ (Form 13.15(2)) which will, however, not be published. Deputy Inspectors General shall be informed, and shall in turn inform the Superintendents concerned, of the names of those who have been admitted to the List; similar information will be sent to the Assistant Inspector- General, Government Railway Police. The original personal files of Sub-Inspectors admitted to the list shall be transferred to the Inspector-General after duplicates have been prepared for retention in the office of the Deputy Inspector-General or the Assistant Inspector- General, Government Railway Police, as required by rule 12.38(1). Copies of all subsequent annual confidential reports prepared in form 13.17 in respect both of Sergeants and Sub-Inspectors admitted to the list will, on return by the Inspector- General in accordance with rule 13.17(1), by recorded by Deputy Inspector-General or the Assistant Inspector-General, Government Railway Police, with the duplicate personal files of the officers concerned. Copies of all entries ordered to be made in personal files other than annual confidential reports will be forwarded to the Inspector-General as soon as made for record with the original personal files; all such copies shall be attested by the Deputy Inspector-General or the Assistant Inspector- General, Government Railway Police, personally. (3) When submitting recommendations for the entry of fresh names in List ‘F’, Deputy Inspectors-General and the Assistant Inspector-General, Government Railway Police, will at the same time submit specific recommendations (which need not be accompanied by detailed confidential reports) as to the retention or removal of officers already admitted to the list. On receipt of these recommendations, the Inspector-General will review the Provincial List, and pass orders regarding the retention or exclusion of names, at the same time communicating his decision to the Deputy Inspector-General and the Assistant Inspector-General, Government Railway Police. (4) Sub-Inspectors admitted to List ‘F’ will be placed in that list in order according to their date of permanent promotion to selection grade and, if the date of permanent promotion to selection grade is the same in the case of two or more Sub- Inspectors admitted to list ‘F’ on one and the same date, then according to date of permanent promotion to the time-scale. Sergeants will be shown in list ‘F’ according to the date of entry in the list. When, however, two or more sergeants are admitted to list ‘F’ on the same date, their names will be shown in order of seniority among themselves.” 3. There is no doubt that Rule 13.15 stands complied with by the respondents. However from the reply it is not clear as to whether provisions of Rule 13.20 stand complied with by the respondents or not. Rule 13.20 reads as under:- “13.20. Departmental Promotion Committee:- In order to ensure that selection and promotion are made in accordance with the rules, Departmental Promotion Committees shall be set up at various levels. Such Committees shall arrange to put all eligible persons though a written test and parade. Thereafter those persons who secure the qualifying marks will be interviewed by the said Committee. The Committee will assess the merit of such persons on the basis of their service records as well as performance in the test. The syllabus for various tests, qualifying, percentage of marks, the composition of Departmental Promotion Committees shall be prescribed by the Inspector-General of Police in the form of a Standing Order.” 4. It could not be pointed out that Departmental Promotion Committee had arranged for any written test, parade and interviews. Record has also not been produced. 5. Consequently respondents-State are directed to consider the petitioner’s case in the light of Chapter XIII Punjab Police Rules. Needful be done within a period of three months from the date of receipt of the certified copy of the order. If ultimately petitioner is held entitled to the benefits of the Rules and as a consequence thereof is to be promoted, needful be also done within the aforesaid period. Needless to add, if ultimately petitioner is held entitled for promotion, he shall be placed senior to respondents No.11 to 24 who undoubtedly were junior to the petitioner and were promoted as Inspectors. With the aforesaid observations, petition stands disposed off. (Sanjay Karol) Judge November 23, 2010 (rana)