THE STATE OF PUNJAB Vs. RAJINDER SINGH

JUDGEMENT

(1.) This judgment will dispose of two appeals. Regular Second Appeal No. 992 of 1963 has been filed by the State of Punjab against the judgment and decree of the Court of the Additional District Judge, Patiala, dated 28th February. 1963, dismissing the State's first appeal and upholding the decree of the trial Court, dated 28th May. 1962, declaring the order of reversion of Rajinder Singh, Respondent, from the post of Sub -Inspector to that of Assistant Sub -Inspector of Police as null, void and ineffective. When this appeal came up for hearing before a Single Judge of this Court (Jindra Lal, J.), the learned Judge found that there was a conflict of opinion between certain judgments of Single Benches of this Court and therefore, by a detailed order of reference, dated 26th March, 1964, directed that the papers of this appeal be laid before my Lord the Chief Justice for constituting a larger Bench to hear and dispose of this appeal.

(2.) Regular Second Appeal. No. 341 of 1962, has been filed by Bishan Dass, Plaintiff, against the appellate decree of the Court of Senior Sub -Judge. Patiala, dated 27th November, 1961. accepting the appeal of the State of Punjab and reversing the decree of the trial Court, dated 26th June. 1961, and as a result dismissing the suit of Bishan Dass. Appellant, for a declaration to the effect that the order reverting him from the officiating post of Assistant Sub -Inspector of Police to his substantive post of Head Constable was void and illegal. This appeal came up for hearing before another learned Single Judge of this Court (Harbans Singh, J.), and has been similarly referred to a larger Bench by the learned Judge's order, dated 19th August, 1964, in view of the conflict of decisions of the common question of law arising in both these cases.

(3.) In these appeals, it appears to be more convenient to set out the relevant Police Rules even before noticing the facts of these cases. The Punjab Government has, in exercise of its powers under Ss. 7 and 12 of the Police Act 5 of 1861 framed the Punjab Police Rules, 1934 (hereinafter referred to as the Police Rules). Chapter XIII of the Police Rules deals with the procedure for promotion of Police officials from one rank to another. The rules relevant for the purposes of these cases are Rules 13.1, 13.4, 13.9, 13.10, 13.11 and 13.12. These rules are, for facility of reference, reproduced below: