BANSI RAM SHARMA Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
BANSI RAM SHARMA
STATE OF HIMACHAL PRADESH
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(1.)This Letters Patent Appeal is directed against the judgment of a Single Judge of this Court dismissing the appellants writ petition.
(2.)The appellant was appointed as Assistant Police Prosecutor on 8th June, 1957. He was on probation for a period of three years. In 1963 the question of appellants crossing the efficiency bar arose. A show cause notice (Annexure P -2) was given to the appellant that it was proposed to extend his efficiency bar for a further period of six months. In this notice various adverse entries of his character rolls were conveyed to him. The appellant showed cause and prayed that the notice be discharged. But the appellants request was turned down. He was permitted to cross -the efficiency bar with effect from 8th December, 1963 (Annexure P -5). The appellant was promoted as Police Prosecutor on 14th January, 1966 and he was confirmed on 24th June, 1966. The appellant was reported against a number of time for having been found drank and. misbehaving. His three colleagues Malkiat Singh, Yudhvir Singh, and Gopi Chand, respondents, who were junior to the appellant were, however, promoted in June and July, 1965. The appellant claimed that he should have been confirmed the moment his period of probation was over. He also claimed that the efficiency bar could not be withheld and that his juniors should not have been promoted and confirmed before him.
(3.)The appellant, who has argued his case himself, relied upon sub - rule (1) of rule 19.26 of the Punjab Police Rules, Volume II, as applicable to Himachal Pradesh, in support of his contention that he should have been confirmed after a period of three years. This rule reads : "Directly appointed Prosecuting Sub -Inspectors shall be an probation for a period of three years. They shall normally be appointed in the end of February or the beginning of March and shall be deputed to attend the 12 months Prosecuting Sub -Inspectors course at the Training School commencing from the 15th March each year." Sub -rule (3) reads thus : "On successfully completing the course at the School, directly appointed Prosecuting Sub -Inspectors will be posted to rural police stations for six months practical training under experienced selected Sub -Inspectors, after which they will work for 1 1/2 years as Prosecuting Sub -Inspectors. On the conclusion of this period, provided they have given satisfaction, they shall be confirmed in their appointments. Their confirmation shall, however, depend on the reports received from the Principal, Police Training School, and from the Superintendent of Police of the district to which they are posted. The Principal shall make a report on the capacity and character of each officer as evidenced by his conduct while under training at the School, and the Superintendent of Police shall submit half -yearly reports showing his progress in practical work."
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