Gokal Chand Mital, J. - (1.) The solo point involved In those two writ petitions (C. Nos. 3460 and 3583 of 1980) is, whether an Assistant Sub Inspector of Police can be denied the due opportunity of going to the Upper School Course merely because of pendency of some departmental inquiry or a criminal complaint against him. I am of the firm view that In view of the Full Bench judgment of this Court in Sardul Singh Head Constable Vs. Inspector General of Police, Punjab and others, 1970 S.L.R 505 , such a person cannot be denied the opportunity of going tor the course.
(2.) Kanwal Inderpal Singh and Prem Singh Malik, petitioners in C. W. No. 3460 of 1980, are Assistant Sub - Inspectors of Police, Union Territory, Chandigarh, and have been working as such since the year 1973 and one of them has already been confirmed. Ten scats were allocated to the Union Territory, Chandigarh, for sending the Assistant Sub - Inspectors of Police to the Upper school Course starting w.e.f. 1st Oct., 1980, at the Police Training College, Phillaur. On 27th Sept., 1980, seven Assistant Sub - Inspectors were deputed for the said course and out of those seven persons, Shiv Raj was one who had not been confirmed as Assistant Sub - Inspector. Out of the seven persons, three are junior to the petitioners and yet the names of the petitioners were not included in the candidates to be sent for the course. In view of that, present petition was filed on 29th of Sept., 1980, which came up for preliminary hearing on 30th Sept., 1980, when a Division Bench of this Court, while issuing notice of motion, granted the following Interim order ; - "Meanwhile, the seats allotted in favour of the Union Territory shall cot be surrendered."
(3.) The stand of the Chandigarh Administration is that against Kanwal Inderpal Singh an inquiry has been initiated under the Punjab Police Rule 16.38 (6) on the basis of strictures passed by the learned Sessions Judge, Chandigarh, while deciding casa under F.I.R. No. 351 dated 9th July, 1977, under sections 308/34, Indian Penal Code. Regarding Prem Singh petitioner, it is stated that he committed forgery of judicial documents during Investigation of case F.I.R. No. 227 dated 22nd July, 1980, under section 379, Indian 'Penal Code, regarding which departmental inquiry has been initiated against him.;