- (1.) By this judgment we propose to dispose of Civil Writ Petition Nos. 14894, 15075, 15977, 16389, 16784, 16068 of 1992 and 207 of 1993. The facts of the case have been taken from CWP No. 15075 of 1992. The petitioner was appointed a Constable in the Haryana Police on 24th August, 1982 by the Superintendent of Police, Jind. It appears that due to his good marksmanship he was selected to represent the Haryana Police in the All India Police Duty Meet which was to be held at Sirmour (Nahan and Shimla) between 29th October and 3rd November, 1992 and prior to his departure for those places the petitioner was required to attend a preparation camp and accordingly came to Chandigarh for trials on 24th and 25th October, 1992. On 27th October, 1992 the petitioner along with his team-mates started for Sirmour for the competition and stayed there from 28th October to 1st November, 1992 and thereafter went on to Shimla on 2nd November, 1992 for the closing ceremony of the Police Meet. It appears that on 27th October, 1992, the Superintendent of Police, Jind informed the eligible Constables through their superior officers that those constables who wished to take B-1 test to be held under Rule 13.7 of the Punjab Police Rules, 1934 as applicable to Haryana (for short the Rules) for being deputed to the Lower School Course at Police Training College, Madhuban, should appear in the Parade Ground Police Lines, Jind on the next day at 8.00 a.m. The petitioner's grievance is that on 27th October, 1992 he was not at Jind but had been deputed to represent the Haryana Police Team at Sirmour and as such did not take the test as he had no knowledge of it. The petitioner has averred that on account of this fact, he has been highly prejudiced as he was not able to appear in the B-1 test for no fault of his own. He has, therefore, prayed that he be deputed to the Lower School Course in terms of his seniority which is higher than that of the private respondents without having undergone the B-1 test.
(2.) The stand of petitioner has been controverted by the respondents and the reply is that the date for the B-1 test was duly communicated to all centres and had the petitioner wished to appear in the said test he could well have sought exemption from duty from the concerned officer so as to enable him to appear in the test. It has therefore been inferred that the petitioner had wilfully absented himself from the test held on 28th October, 1992 and as such, no latitude was to be given to him now.
(3.) We have heard the learned counsel for the parties. It is apparent from a reading of the writ petition and the reply filed thereto that the petitioner in the course of his duties had been travelling extensively within and outside the State of Haryana from 10th October, 1992 to the 2nd November, 1992, in connection with his duties and it is, therefore, probable that the information with regard to the B-1 test had not filtered down to him. It is also apparent that virtually no prior notice of the B-1 test which was to be held on 28th October, 1992 was given to the concerned officials and we are of the view that for those police constables who had been deputed for duty outside the State of Haryana, sufficient notice had, in any case, not been given. The respondents have relied on Annexure R-1 dated 26th October, 1992 in which it had been stated that the B-1 test which was to be held on 27th October, 1992 in the Police Lines, Jind was now to be held on the next day. Undeniably on 26th October, 1992 the petitioner was at Ambala and on 27th October, 1992 he left for Sirmaur in connection with his duties.;