J.S. Narang, J. - (1.) THIS judgment would dispose of three writ petitions bearing No. 8354, 9648 and 1386 of 1996, as common question of law and fact are involved in these cases. The facts are being taken from CWP No. 1386 of 1996.
(2.) THE Petitioners joined police force in the State of Punjab either in the rank of Assistant Sub Inspector or constables and earned promotions up to the ranks the detail of which has been provided in a tabulated form, - -vide Annexures P5 and P6. It is also averred that some of them have been awarded Police Medals for meritorious services rendered by them. It is also contended that some of them had also suffered at the hands of terrorists and that in their rank and file they had also fought and actively participated in the encounters with the dreaded terrorists. It is also averred that some of the Petitioners had been given the commendation certificate with cash award of Rs. 1,50,000. Thus, it cannot be said that the Petitioners in any manner did not act without any fear or favour and were forthright in meeting any kind of challenge given by the terrorists at that time. Unfortunately, the Respondents who happened to be the favourites of the higher ranks and especially the then Director General of Police, Punjab, were given out of turn promotions in utter violation of the rules and in some cases without the authority having been vested in Director General of Police. Such orders have been passed in utter violation of the principles enshrined in the Punjab Police Rules and totally ignoring the rule of seniority tempered with merit. Reliance has been placed upon some of the rules which specifically deal with the promotion from one rank to another i.e. Rule 13.1 and also the rule under which an officer has to be brought into list "E" i.e. Rule 13.10, List -F. Promotions to Inspector i.e. rules 13.15 and 13.16 and reference has also been made where the power of relaxation has been conferred upon the requisite authority i.e. Rule 13.21. of Punjab Police Rules, 1934 (hereinafter referred to as "the Rules") It shall be apposite to notice these rules which read as under: 13.1 Promotion from one rank to another: (1) 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 or practical experience, shall be carefully considered in each case. When the qualifications of two officer are otherwise equal, the senior shall be promoted. This rule does not affect increments within a time -scale. (2) Under the present constitution of the police force no lower subordinate will ordinarily be entrusted with the independent conduct of investigation or the independent charge of a police station or similar unit. It is necessary, therefore, that well educated constables, having the attributes necessary for bearing the responsibilities of upper subordinate rank, should accelerated promotion so as to reach that rank as soon as they have passed the courses prescribed for, and been tested and given practical training in, the ranks of constable and head constable. (3) For the purpose of regulating promotion amongst enrolled officers six promotion lists - -A,B,C,D, E and F will be maintained. Lists A,B,C, and D shall be maintained in each district as prescribed in rules 13.6, 13.7, 13.8 and 13.9 and will regulate promotion to the selection grade of constables and to the ranks of head constables and Assistant Sub Inspector. List E shall be maintained in the office of Deputy Inspectors -General as prescribed in sub Rule 13.10(1) and will regulate promotion to the rank of Sub Inspector, list F shall be maintained in the office of the Inspector General as prescribed in Sub -rule 13.15 (1) and will regulate promotion to the rank of Inspector. Entry in or removal from A,B,C, D or E list shall be recorded in the order book and in the character roll of the police officer concerned. These lists are nominal rolls of those officers whose admission to them has been authorized. No actual selection shall be made without careful examination of character rolls. Provided that five per cent of such promotions may be made from amongst the members of the Police Force, who achieve outstanding distinction in sports field, at All India Level or International Level if they are otherwise eligible for promotion but for seniority. 13.10. List 'E': Selection for promotion course for A.S. Is. Promotion to the rank of Sub Inspector: (1) List 'E' shall be maintained for promotion to the rank of Sub Inspector in two parts in Form No. 13.10 in each range. The names of Assistant Sub Inspectors who qualify the promotion course for Assistant Sub Inspectors at Police Training College shall be entered in part -I of the said List 'E'. While entering the names in this list shall maintain their seniority inter se. The names of the outstanding Assistant Sub Inspectors who have not qualified the course mentioned above but otherwise are of exceptional merit and are considered suitable, may, with the approval of the Inspector General of Police, be entered in part -II of List 'E' provided they are not below the age of forty -five years. Provided further that not more than ten per cent of the posts of Sub Inspectors (inclusive of temporary and permanent posts) shall not any time contain more than two per cent of cadre strength of the Sub Inspectors in the range. (2) No. Assistant Sub Inspector shall be eligible for admission to the promotion course for Assistant Sub Inspectors at the Police College, unless - - (i) he has been confirmed as Assistant Sub -Inspector: (ii) he is below forty -five years on the date of commencement of the next course; and (iii he, in the case of promotee has completed four years service after passing the promotion course for Head Constables and in the case of direct recruit has completed five years of service after passing Assistant Sub -Inspectors initial course. (3) Promotion to the rank of Sub -Inspector shall be made strictly in accordance with the seniority in List 'E'. Provided that the seniority may be ignored in exceptional circumstances or reasons to be recorded in writing by the Deputy Inspector -General and with the approval of the Inspector General of Police. (For Haryana) xxx xxx xxx xxx". 13.15 List F - -Promotion to Inspectors. - -(1) Recommendations on behalf of Sergeants and Sub Inspectors considered fit for promotion to the rank of Inspector shall be submitted with their annual confidential reports on the 15th April each year to Deputy Inspectors -General by Superintendents of Police in Form 13.15(1). Recommendations on behalf of Sergeants and Sub Inspectors employed in the Government Railway Police will be sent direct to the Inspector General of Police by the Assistant Inspector General Government Railway Police, in the same form and not later than October each year. The Deputy Inspector General shall decide, after seeing the officers recommended, and in consideration of their records, and his own knowledge of them, whether to endorse the recommendations of Superintendent of Police and forwarded them to the Inspector General. He will keep a copy of any recommendation so forwarded in the personal file of the officer, if he decided not to endorse a recommendation, he shall retain the original in the officer's personal file and send a copy of his own order on it to the Superintendent concerned. Deputy Inspectors General shall finally submit recommendations to the Inspector General as soon as they are satisfied as to the fitness of officers recommended, but in no case later than October each year. (2) Such of the officers recommended as the Inspector General may consider suitable shall be admitted to promotion list 'F' (from 13.15(2) which will, however, not be published. Deputy Inspectors General shall be informed, and shall in turn inform the Superintendents concerned, of the names of those who have been admitted to the list ; similar information will be sent to the Assistant Inspector -General, Government Railway Police. xx xx xx xx (3) When submitting recommendations for the entry of fresh names in List F, Deputy Inspectors -General and the Assistant Inspector General, Government Railway Police, will at the same time submit specific recommendations (which need not be accompanied by detailed confidential reports) as to the retention or removal of officers already admitted to the list. On receipt of these recommendations, the Inspector General will review the Provincial List, and pass orders regarding the retention or exclusion of names, at the same time communicating his decision to the Deputy Inspector General and the Assistant Inspector General, Government Railway Police. (4) Sub Inspector admitted to List 'F' will be placed in that list in order according to their date of permanent promotion to selection grade and, if the date of permanent promotion to selection grade is the same in the case of two or more Inspectors admitted to list 'F' on one and the same date, then according to date of permanent promotion to the time -scale. Sergeants will be shown in list T' according to the date of entry in the list. When, however, two or more Sergeants are admitted to list 'F' on the same date, their names will be shown in order of seniority among themselves. 13.16. Promotion to the rank of Inspector. - -(1) Substantive vacancies in the rank of Inspector, save those which are specifically designated for the appointment of probationers shall be filled by promotion of officers from list F selected according to the principles laid down in Rule 13.1. Sergeants are eligible for promotion in the appointments reserved for European Inspectors. (2) Temporary vacancies in the rank of Inspector shall be filled by the officiating promotion of officers on F list by the authorities empowered by Rule 13.4 to make the appointment. Such officiating promotions shall be made in accordance with the principles laid down in Sub -rule 13.12 (1) in the case of E list, and the second part of that rule shall, mutatis mutandis, govern the scrutiny of the work of F list officers and the removal from that list of the names of those who are found unfit for the rank of inspector. (3) No officer whose name is not on F list shall be appointed to officiate as Inspector without the special sanction of the Inspector General. When no officer on F list is available in the range for a vacancy which the Deputy Inspector General is requiring to fill, application shall be made to the Inspector General to appoint a man from another range. 13.21. Power of relaxation Where the Inspector General of Police is of the opinion that it is necessary or expedient so to do, he may, by order for reasons to be recorded in writing relax any of the provisions of this Chapter with respect of any class or category of persons.
(3.) IT shall also be apposite to notice Rule 13.2 -A where power has been conferred upon the Inspector General of Police but for such re -course the reasons have to be recorded and further such local rank cannot be given for a period exceeding six months but if any extension in this period has to be granted, the reasons for each such extension are required to be given. The said rule reads as under: 13.2 -A. Power of grant local rank:(1) Notwithstanding anything contained in these rules, if the Inspector General of Police considers it necessary so to do in the interest of better functioning of the force, he may, for reasons to be recorded, grant to an enrolled police officer next higher rank as a local rank: provided that the grant of only a non -gazetted rank shall be permissible under this rule. (2) The local rank referred to in Sub -rule (1) shall, in the first instance be granted for a period not exceeding six months which may from time to time be extended for a like period after recording reasons for each such extension. (3) An Officer of the force holding a local rank - - (a) shall exercise the command and be vested with the powers of an enrolled police officer holding that rank ; (b) shall not be entitled to any extra pay and allowances for holding such rank ; (c) shall not be entitled to claim any seniority over other enrolled police officers by virtue of having held such a local rank.;