- (1.) Special leave granted.
(2.) The appellant was recruited as constable. Admittedly, he is a sportsman. He was temporarily promoted as head constable by an order passed by the Deputy Inspector General of Police with immediate effect in an existing vacancy. In the order it was stated that the appellant has no right to claim seniority over his seniors etc. and he would be reverted at any time without any formality of show cause notice. Subsequently, when he was sought to be reverted as a constable, he filed Civil Writ Petition No. 7601/92, but the High Court by its order dated November 11, 1992 dismissed it in limine. Thus this appeal by special leave.
(3.) Rule 13.1(1) of Chapter XIII of the Punjab Police Rules, 1934 postulates that : "Promotion from one rank to another and from one grade to another in the same rank, shall be made by selection tempered by seniority. Efficiency and honesty shall be the main factors governing selection. Specific qualifications, whether in the nature of training courses passed for practical experience, shall be carefully considered in each case. When the qualifications of two officers are otherwise equal, the senior shall be promoted. This rule does not affect increments within a time-scale." Rule 13.8(2) provides for promotion as head constables in accordance with the principles laid down therein; an exception has, however, been engrafted thus : "........ Selection grade constables who have not passed the Lower School Course at the Police Training School but are otherwise considered suitable may, with the approval of the Deputy Inspector General, be promoted to head constable up to a maximum of ten per cent of vacancies.";