S. Rajendra Babu, J. - (1.) Leave granted.
(2.) The legal validity of out of turn promotion given to some Police Officials based upon their courage displayed during anti-terrorist operations or outstanding performance in Sports is the foremost matter for judgment in this batch of cases. Promotions based on courage displayed in Anti Terrorist Operations: 1. SLP (C) No. 17591 OF 1998. (Arising from final judgment in CWP No. 403/97 of the Punjab and Haryana High Court) Chandler Pal and Ors. v. Ram Charan and Ors. All together 14 Petitioners are in this case. All of them were appointed as Constables during the period 1976-89. They were promoted as Head Constables on the ground of showing bravery in anti-terrorist front or on the ground of outstanding performance in Sports. Show Cause notices were issued to them and they were reverted to the original rank. Their writ petitions were disposed of by the High Court vide common order in 403/97. Challenging this order the present SLP is filed. 2. SLP (C) No. 19246 of 1998. (Arising final judgment in CWP No. 403 of 1997 of the Punjab and Haryana High Court) Narinder Singh and Ors. v. Ram Charan Appellants got out-of-turn promotion on the basis of bravery shown in Anti-Terrorist Front. The original WP was disposed of along with 403/97. Challenging this the instant SLP. 3. SLP(C) No. 15944 of 1998 - (Arising final judgment in CWP No. 403 of 1997 of the Punjab and Haryana High Court). Sadhu Ram and Ors. v. Ram Charan and Ors. All together 16 Petitioners are in this case. All of them got one rank - out of turn promotion based on their bravery and exemplary courage during activities on Anti-Terrorist front. Subsequently the Respondents herein filed writ petition before the High Court challenging the out of turn promotion given to these Petitioners. High Court allows the Writ petition. Aggrieved by the impugned judgment, the present SLP. 4. SLP (C) No. 2083 of 1999 -(against final judgment dated 19/5/98 ) Rameshwar Singh v. State of Haryana Petitioner was originally appointed as a constable and was promoted as Head Constable. Later was promoted as ASI on the basis of his bravery. Subsequently reversion order was passed and he was reverted to the rank of Constable. This reversion order was challenged. High Court disposed of the writ vide common order in 403/97. Challenging this the instant SLP was filed. 5. SLP (C) No. 18492 of 2001. (Against final order dated 31/8/2002 passed by Honble Division Bench of Punjab and Haryana High Court in LPA No. 1957 of 2001) Prem Das and Ors. v. Bachan Singh Randhwa and Ors. . All the petitioners in this case were given out of turn promotion on the basis of their meritorious service in Anti-terrorist front as Inspectors on ORP basis. They were not parties to Writ-Petition/Appeals. In accordance with the impugned order passed by the Punjab and Haryana High Court, Government is taking steps to revert the appellants. To prevent the furtherance of such an action, they approached the High Court. Both the petition and subsequent LPA were dismissed. Aggrieved by the same, the present SLP. 6. SLP (C) No. 14283 of 1998 - (arising from final judgment dated 19/05/1998 in CWP No. 403/1997 of Punjab and Haryana High Court). S.I. Ramesh Chander and Ors. v. SI Ram Charan and Ors., Appellants 1 to 6 were given out of turn promotion on the basis of their courageous act in Anti-Terrorist Front. After the final judgment of the Punjab and Haryana High court in CWP No. 403/1997 they were reverted to lower ranks even without hearing. Present SLP challenges the said reversion orders. 7. SLP (C) No. 16514 of 1998. (Arising from judgment dated 19/05/98 in CWP No. 13023/1997). Jahangir Singh v. State of Haryana Appellant appointed as Constable. Later promoted as HC and then as ASI, his promotion was based on the activities in anti-terrorist front. Show Cause notice for reversion was served. Later an order of reversion was passed. Aggrieved by the decision he approached the High Court. High Court did not allow his prayer. Hence the present SLP. 8. SLP (C) No. 16102 of 1998. (Arising from final judgment in CWP No. 12536 of 1997). Zile Singh and Ors. v. State of Haryana All the three petitioners were originally appointed as Constables during the period 1971-81. Later they were promoted as Head Constables and as ASIs. It was out of turn promotion based on the ground of bravery, which they have shown in anti-terrorist front. Later reversion order was passed whereby they were reverted to the substantive rank of Constables. They approached the High Court. High Court disposed of the matter saying that if they were outside the quota of 10%, then they might be demoted below the rank of Head Constable. Aggrieved by this the present SLP. 9. SLP (C) No. 2082 of 1999 - (arising from common order in CWP 403/97). Chander Bhan and Ors. v. Ram Charan and Ors. Petitioners got out of turn promotion on the basis of their performances in Sports or on the ground of bravery displayed in Anti-terrorist operations. Later reverted after issuing show cause notices. Their Writ to the High Court was disposed of by common order in 403/97. Aggrieved by this the present SLP. Promotions based on performance in various Sports and Games: 1. SLP (C) No. 20840 of 1998. (Arising final judgment in CWP No. 403 of 1997 of the Punjab and Haryana High Court) Naresh Kumar and Anr. v. Ram Charan and Ors.. Petitioner No. 1 is promoted as Sub-Inspector of Police on the basis of displaying courage in anti-terrorist operations and Petitioner No. 2 is promoted as Head Constable on the basis of performance in Sports. Later a Show Cause notice is issued which is followed by reversion order. Challenging this the present SLP. 2. SLP (C) No. 15943 of 1998 - (Arising from final judgment in CWP No. 403/1997 of Punjab and Haryana High Court). Ashok Kumar and Ors. v. SI Ram Charan and Ors. 18 Petitioners. All of them were originally appointed as Constables during the period 1976-89. Later all of them were promoted to the post of Head Constable on the basis of their performance in various Sports items. Subsequently the Respondents herein filed writ petition before the High Court challenging the out of turn promotion given to these Petitioners. High Court allows the Writ petition. Aggrieved by the impugned judgment, the present SLP. 3. SLP (C) 7817-18 of 1999. (Arising from CWP 15548 & 15550 / 1997 of Punjab and Haryana HC). Anoop Singh and Anr. v. DGP of Haryana. The appellants originally were appointed as Constables. Later were promoted to Head-Constables and subsequently as ASIs. Promotion was based on their performance in Sports, Later they were reverted to the original rank after serving show-cause notices. The case of appellants was disposed of along with other cases on 19/5/98 vide the final judgment in CWP No. 403/1997 before the Punjab and Haryana High Court. 4. SLP(C) No 2080/99 of 1999 -(arising from judgment dated 19/5/98 by Punjab and Haryana High Court in CWP No. 12536 of 1997 which was disposed along with 403/97). Baljith Singh v. State of Haryana and Ors. Appellant got promotion to the rank of Head Constable on the basis of his performance in Sports. Later he was served with a show-cause notice and was subsequently reverted to the rank of Constable. He challenges the reversion order before the High Court. It was disposed by common order in 403/97. Aggrieved by the same, the present SLP. 5. SLP (C) No. 17648/99. (Arising from final order dated 19/12/97 of Punjab and Haryana High Court in review application No. 292/97 in CWP No. 8672/97). Shri Harpal Singh v. State of Haryana. Petitioner was originally appointed as Constable. On the basis of his performance in Sports he was promoted as Head Constable and later as ASL Order of reversion was served on him. He challenges the reversion order before the High Court. His case along with other cases was disposed of vide common order in 403/97. Review petition was also dismissed. Hence SLP. 6. SLP (C) No. 15542 of 1998 - (arising from final judgment dated 25/05/1998 in CWP No. 13006/97 of Punjab and Haryana High Court). Shamser Singh v. State of Haryana: Petitioner was appointed as a Constable in Haryana. Later promoted as Head Constable. On the basis of his distinguished contribution in the field of Sports, he was promoted to the post of ASI. Later he was demoted as a Head Constable. Challenges this decision before the High Court. Dissatisfied by the High Court decision he filed the instant SLP. 7. SLP (C) No 14694-95 of 1998 - (arising from judgment dated 22/10/97 passed by Division Bench of Punjab and Haryana High Court in CWP Nos. 12827 of 1997 and 12829 of 1997) HC Krishan Kumar and Ors. v. State of Haryana. Appellants were promoted as Head - Constables in the Haryana on the basis of their distinguished achievements in Sports/Games. They were issued with Show-Cause notice of reversion. Reversion orders were passed. Appellants filed CWP Nos. 12827 of 1997 and 12829 of 1997 before Punjab and Haryana High Court. High Court quashed the reversion Order with the finding that the Show Cause notice issued to the appellants does not properly comply with the natural justice requirement. At the same time High Court granted liberty to Respondents therein to issue fresh show-cause notices and to revert this Appellants. Aggrieved by this conclusion, the present SLP. 8. SLP (C) No. 14313 of 1998 - (from judgment dated 19/05/1998 by Punjab and Haryana High Court in CWP No. 12536 of 1997 - this was disposed along with CWP No. 403/97). Kuldeep Singh and Ors. v. State of Haryana Six Petitioners. They got out of turn promotion on the basis of their distinguished achievements in the field of sports. Were promoted to Head Constable rank. Show Cause notices were issued and subsequently reverted to the rank of Head constable. Petitioners writ before the High Court was disposed with the common order in 403/1997. Aggrieved by the same the instant SLP. 9. SLP (C) No. 19245 of 1998. -(Arising from the judgment dated 22/10/97 of P &H High Court in CWP No 13014/97) Salinder Singh v. State of Haryana Petitioner was originally appointed as Constable on the basis of his performance in Sports he was promoted to the next higher rank. Later he was served with Show Cause notice for reversion. Reversion order was passed. He challenges this decision in a Writ petition before the High Court. Though High Court quashed the reversion for want of natural justice requirement, permitted the State to revisit the decision by issuing fresh show cause notice. Challenging this the present SLP. 10. SLP (C) No. 20839 of 1998. (Arising from judgment dated 22/10/97 of P &H High Court in CWP Mo. 12703 of 1997). Sohan Singh v. State of Haryana Petitioner was appointed as Constable. Later promoted as Head Constable based on his performance in the field of Sports. Subsequently he was served with a show cause notice and was reverted later to the post of Constable. His writ before the High Court was disposed of without allowing his prayer, Challenging this the present SLP. 11. SLP (C) No. 15945-46 of 1998. (Arising from final Judgment dated 23.09.97 of Punjab and Haryana High Court in CWP No. 8620/97 and 8632 of 1997 which was disposed along with CWP No. 10129/1997) Ashok Kumar and Ors. v. State of Haryana and Ors. There are 14 Petitioners, On the basis of their distinguished contribution in the field of Sports, all of them were promoted to the post of Head Constable. State later served them with Show Cause notices alleging that the promotions were not covered either by any rules or instructions by DGP and were subsequently reversed. This was challenged before the High Court, High Court allowed the petition for the reason but left it open to the State to initiate fresh proceedings as per law for reverting the Petitioners herein. SLP filed. Promotions to superior ranks: 1. SLP (C) No 18493-94/2001 (Arising from final judgment dated 31/8/2001 passed by Punjab and Haryana HC in LPA No. 1957/2001). Narinder Pal Singh and Ors. v. Bachan Singh Randhawa and Ors. Petitioners are SPs and DySPs. They got out of turn promotion on ORP basis to the respective present ranks on the basis of their extra ordinary bravery and courageous acts on Anti-Terrorist front. The respondent filed CWP No. 1386/96 before Punjab and Haryana High Court. The learned Single Judge disposed of the writ saying "creation and granting of ORP ranks are not in conformity with the rules applicable to Punjab Police Force." Appeal was preferred before Division Bench (Nos. 1957/ 2001 and 1959/2001). The same was also dismissed. Aggrieved by this the present SLP. 2. SLP(C) No. 18497 of 2001 (Arising from final judgment dated 31/8/2001 passed by Punjab and Haryana HC in LPA No. 1957/2001). Naginder Singh Rana and Ors. v. Bachan Singh Randhwa and Ors. All the Petitioners are appointed as DySPs on ORP basis. Respondent in this case filed petition before the High Court, challenging the promotion on ORP basis. Learned single Judge and subsequently the Division Bench were of the opinion that the ORP promotion is beyond the scope of the relevant rules. Aggrieved by this the present SLP.
(3.) Background of the present proceeding is as follows: The Police forces in Punjab, Haryana and in some other states are covered by the Punjab Police Rules, 1934. On 11/11/1982 the Director General of Police (DGP) of Haryana issued a circular saying that Police Personnel selected to National Team is entitled to special consideration for promotion. On 09/09/1993 the DGP of Punjab issued guidelines and criteria for giving one rank promotion to Police Personnel who shows exemplary courage and bravery on Anti-terrorist operations. It is also mentioned in the said guideline that though there is no provision in the Punjab Police Rules, 1934 (police Rules) for adhoc promotion, it is necessary that they may be given one rank promotion on adhoc basis. Based on these Circulars or guidelines some police officiate were given out of turn promotion. But, it is alleged such promotions were also given to many other police officials even without citing any reasons. ;