Kanwaljit Singh Ahluwalia, J. - (1.) PLAINTIFF having failed in two rounds of litigation has filed present regular second appeal.
(2.) THE Appellant -plaintiff had sought a decree for declaration to the effect that the order dated 28th March, 2006 passed by the Director General of Police, Haryana, Panchkula by which his representation was rejected, is illegal, arbitrary, malafide, null and void, against the rules of natural justice and the provisions of Rule 16.24 of the Punjab Police Rules and Article 311(2) of the Constitution of India. Furthermore, it was prayed that name of the Appellant -plaintiff be considered for sending him to lower school course training along with the candidates who appeared in B -1 test conducted in the month of January 2002 and thereby benefit of the promoted rank and arrears with interest be restored to him. Briefly stated, case of the Appellant -plaintiff is that he was enrolled as a Constable in Commando Police Force, Haryana Newal (Karnal) in the month of January, 2002. The authorities had conducted written test of B -1. The Plaintiff had qualified the test but he was not called for the interview as he was posted on deputation with the Superintendent of Police, CBI, SC -II, Second Floor, Block No. 3, Central Offices Complex, New Delhi. Therefore, due to non -appearance of the Plaintiff in the interview he has been denied consideration and not deputed to undergo lower school training along with the candidates who passed B -1 test in the month of January 2002.
(3.) UPON issuance of notice of the suit, official Respondents took a definite stand that the information indeed was sent to the Plaintiff through his controlling officer, i.e. Director, CBI, New Delhi but he had not reported in Commando Police Lines for the parade test on the scheduled date and time. They raised a plea that proper information was sent to all the candidates who were on deputation with the Director, CBI, New Delhi and five of those deputationists appeared in the parade test and interview.;