C.W.P. No. 17584 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 17584 of 2009 DATE OF DECISION: November 17, 2009 Ramesh Kumar .........PETITIONER(S) VERSUS State of Punjab and Others ......RESPONDENT(S) CORAM:HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Manu K. Bhandari, Advocate, for the petitioner. AJAI LAMBA, J. (ORAL) This civil writ petition has been filed under Article 226 of the Constitution of India praying for issuance of a writ quashing promotion order Annexure P-16 dated 31.08.2009 vide which the private respondents who are junior to the petitioner have been promoted as Assistant Sub Inspector of Police and the petitioner has been ignored. Learned counsel contends that for the promotion to the post of ASI, Rule 13.1 of the Punjab Police Rules is a relevant provision. It has been asserted on behalf of the petitioner that the petitioner is eligible for promotion and the case of the petitioner was required to be considered for promotion particularly because the penalty of forfeiture of three years' service permanently was imposed on 04.08.2005. The period elapsed in C.W.P. No. 17584 of 2009 2 August 2008. Persons junior to the petitioner have been promoted on 31.08.2009. Learned counsel further has drawn the attention of the Court towards Annexure P-2 endorsed on 25.11.1994 issued by Director General of Police to the effect that criteria adopted by Departmental Promotion Committee would confine the effect of major punishment i.e. forfeiture of service for the period of punishment only. Learned counsel states that the major penalty imposed on the petitioner has been challenged in this Court. De hors the result of the writ, the petitioner is entitled to promotion. So far as minor penalty is concerned, the same could be effective only for one year. Be that as it may, aggrieved by the action of the respondents in not considering the petitioner for promotion, the petitioner filed representation Annexure P-17 dated 23.09.2009. No decision thereon has been taken. It has been contended that the case of the petitioner was not even forwarded to Departmental Promotion Committee. Considering the contentions made above and pleadings in the writ petition, I am of the considered opinion that the petitioner is entitled to be informed about the reasons for ignoring the petitioner for promotion. Representation vide Annexure P-17 has already been made. Considering the totality of facts and circumstances of the case, Inspector General of Police, Zone-I, Punjab, Patiala is directed to consider the representation of the petitioner Annexure P-17 and pass a speaking and reasoned order which shall be conveyed to the petitioner. In case the petitioner wants to be heard personally, the opportunity shall be given. Disposed of accordingly. C.W.P. No. 17584 of 2009 3 Decision be taken within four months from the date of receipt of certified copy of the order. 17.11.2009 (AJAI LAMBA) shivani JUDGE 1. To be referred to the reporters or not? 2. Whether the judgment should be referred in the digest?