IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1376 of 2008 (S/S) Chanchal Singh, S/o Sri Hari Singh, presently serving as Head Consttable of Police, 06, District Almora. ……Petitioner Versus State of Uttarakhand and others. …….Respondents. Mr. Vipul Sharma, Advocate for the petitioner. Mr. K.C. Tiwari, Brief Holder for the State-respondents. Hon’ble B.S.Verma, J. Heard learned counsel for the parties. By means of this writ petition, the petitioner has sought a writ in the nature of mandamus commanding the respondents to give promotion to the petitioner on the post of Sub Inspector (Special category) in view of the notification dated 26-07-2008 (Annexure No.6 to the writ petition) without keeping in view the censure entry dated 23-06-2008 with effect from 16th September 2008. Brief facts giving rise to the present writ petition are that according to the petitioner, he was eligible for promotion in view of the notification/Government Order dated 26-07-2008, annexed as annexure No.6 to the writ petition. As per the said notification the cut of date for consideration was 01-07-2007. It is pertinent to mention here that the petitioner has been awarded censure entry on 23-06-2010 by the S.P. Almora. Learned counsel for the petitioner has sought information under the Right to Information Act, which has been annexed as annexure No. 9 to the writ petition. The reply has been given that the petitioner was not promoted due to censure entry, which was awarded in June 2008 2 Learned counsel for the petitioner has further contended that the censure entry was quashed vide order dated 09-02-2009 by the Additional Director General of Police (Administration), Government of Uttarakhand, the order has been annexed as annexure No.1 to the rejoinder affidavit. Counter affidavit has been filed by the respondent wherein it is stated that in para No.3 of the counter affidavit, the same reads as under:- “That the allegation against the petitioner is that, he had detained three juveniles in the Police Station from 11-05-2008 to 13-05-2008 on the allegation of Mobile phone theft under the Police Chauki Chakmitiya, District Almora. After enquiry the Superintendent of Police, Almora awarded a censure entry on 23-06-2008 in the service book of the petitioner as per Rule 14(2) of the U.P. Subordinate Police Officers (Punishment and Appeal) Rules, 1991. In view of said censure entry the petitioner was not found fit for the training of Sub Inspector of Police (Special Category). However, the order dated 23-06-2008 of Supdt. Of Police Almora is quashed by the PHQ order dated 09- 02-2009 on the revision presented by the petitioner against the said order of S.P. Almora. A photocopy of the PHQ’s order dated 09-02-2009 is annexed as annexure 1 to the CA. It is also pertinent to mention that the cut of date fixed for the SI (Special Grade) Promotion was 1-7-2008. The order of the censure entry awarded to the petitioner was very much effective on the said date of DPC, that is on 5-9-2008, so petitioner’s name is not considered for promotion on the post of SI(Special Grade). Petitioner’s name may be considered in the next SI(Special Grade) promotion process by the PHQ as and when the vacancy arises. It is also pertinent to mention here that the effective period of censure entry has been provided of 5 years from 3 the date of incident by the G.O. No. 761/dkfeZd 1/1993 Dt. 30-06-1993 for the purpose of calculating satisfactory service for promotion. The petitioner’s act of illegally detaining the juveniles as mentioned in para III of this CA was of 11-05-208 and within a period of only about 04 months on the date of DPC. Therefore, the petitioner had not been considered for the promotion to SI (Special Grade) on the basis of above G.O. A copy of the said G.O. is annexed as Annexure No.2 to the CA.” The stand taken by the respondents that pursuant to the G.O. mentioned in the said paragraph, the petitioner was not entitled for promotion on the date D.P.C., when it was conducted. I have heard learned counsel for the parities and perused the material placed on record. The fact is not disputed that the censure entry which was awarded by the SP Almora has been quashed by the Additional Director General of Police (Administration), Government of Uttarakhand vide order dated 09-02-2009. According to the petitioner as on today there is no adverse entry against the petitioner, the averment to this effect has been made in para No. 6 to the writ petition. Apart from the censure entry dated 23-06-2008, which has now been quashed as stated earlier, no other minor or major censure entry is against petitioner. Learned Brief Holder appearing for the State has fairly conceded that now a direction can be given to the respondents to consider the case of the petitioner for promotion, since the juniors have been promoted. The respondents are directed to consider the case of the petitioner for promotion in view of the Government Order dated 4 26.07.2008, preferably, within a period of two months from the date of production of certified copy of this order. With the said direction, the writ petition is disposed of finally. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 30-07-2010 MK