- (1.) The petitioner, who is working as an Inspector in the Punjab Police, has prayed for a writ in the nature of certiorari for quashing an order dated 15th October, 2004, the operative part of which is reproduced below :- "In the light of the above stated facts, it is very clear that the orders issued earlier were not in accordance with the Punjab Police Rules/Govt. Instructions. Therefore, the orders issued vide No. 11197/E-6 dated 23.5.2000, No. 30865/E-1 dated 30.11.2000, No. 32004-22/A-1 dated 21.11.2001 (issued by DIG PR Patiala) and No. 11724/E-1 dated 22.4.2003 are hereby withdrawn with immediate effect and Inspr. Kuldip Singh No. 725/W is placed to his substantive rank of ASI in Wireless Wing with immediate effect. He is also repatriated to his parent unit i.e. Wireless Wing. He will also get his promotion as per seniority and merit in his parent cadre i.e. Wireless Wing. He may be relieved immediately with the direction to report to IGP Computer and Telecommunication Punjab, Chandigarh for his new place of posting under intimation to quarters concerned. In compliance with the above directions, the following orders issued vide this office are hereby withdrawn :- Entry to promotion list E-II (Exemptee) order issued vide No. 32515-20/A-1 dated 30.11.2000. 2. Promotion as Offg. Sub. Inspr. w.e.f. 28.9.2001 order issued vide No. 32004-22/A-1 dated 21.11.2001. 3. Grant of promotion list "F" (Executive) and promotion as Inspector order issued vide No. 14813-19/A-1 dated 25.4.2003. As such Inspr. Kuldip Singh No. 725/W (now 177/PR) is placed to his substantive rank of ASI in Wireless Wing with immediate effect. He will also repatriated to his parent unit i.e.Wireless Wing. He will also get his promotion as per his seniority and merit in his parent cadre i.e. Wireless Wing. He may be relieved immediately with the direction to report to IGP Computer and Telecommunication, Punjab, Chandigarh for his new place of posting under intimation to quarters concerned. Deputy Inspector General of Police, Patiala Range, Patiala."
(2.) The brief factual matrix of the case is that the petitioner was appointed as a constable in the Punjab Police on 1st August, 1977. He was promoted as Head Constable on 7th July, 1989 and thereafter as Assistant Sub Inspector on 1st September, 1988. In the year 2000, the petitioner was allocated to the Patiala Range. On 12th October, 2001, the petitioner was promoted as Sub Inspector and on 25th February, 2002 he was appointed as Inspector (Own Rank and Pay). Thereafter, on 22nd April, 2003, the petitioner was promoted to the rank of Inspector. On 15th October, 2004, however, the impugned order (Annexure P-5) was issued whereby the petitioner was directed to be reverted to his parent department i.e. Wireless Wing and to be placed in the substantive rank of ASI. Aggrieved by this order the petitioner has preferred the present writ petition.
(3.) A reply has been filed on behalf of the respondents wherein it has been stated that the petitioner was enlisted in the Telecommunication Wing of Punjab Police as constable on 1st August, 1977. He was thereafter promoted as Head Constable on 19th June, 1985 and as an ASI on 1st September, 1988. On 20th December, 1999 he was sent on deputation in Intelligence Wing. On 23rd May, 2000 he was posted as Inspector in his own Rank and Pay (ORP). After that, his name was brought on promotion list E-II on 30th November, 2000 and he was transferred to Patiala Range. He was promoted to the rank of officiating Sub Inspector w.e.f. 28th September, 2001 by the DIG Patiala Range vide order dated 20th November, 2001. His name was further brought on promotion list 'F' (Executive) out of turn on 22nd April, 2003 under Rule 13.21 of the Punjab Police Rules by the then DGP, Punjab. However, Rule 1.1 of the Punjab Police Rules as amended vide Notification No. GSR-33 dated 15th June, 1990 provides that officials of Telecommunication Wing form uniform and separate cadre. Establishment of Computer and Wireless Wing is distinct and separate from the General Police. The respondents have further averred that the petitioner was recruited in the strength of Telecommunication Wing of the Punjab Police and he got a promotion as Head Constable and ASI in the said Wing. While on deputation with the CID, he was ordered to be admitted in the promotion list E-II (Executive) under the provisions of Rule 13.21 and 13.10 of the Punjab Police Rules; whereafter he was further transferred to Patiala Range on 30th November, 2000 by the then DGP, Punjab. The respondents have, however, clarified that the petitioner got promotions as Sub Inspector and Inspector outside his parent cadre. These promotions being unsustainable in the eyes of law, were reviewed by the respondent department and the petitioner was repatriated to his parent cadre i.e. Telecommunication Wing in the substantive rank of ASI. The respondents have further averred that order dated 30th November, 2000 regarding transfer of the petitioner from CID to Patiala Range was also not in accordance with the rules. The same was thus reviewed by the DGP, Punjab and vide order dated 15th October, 2004. The petitioner was repatriated to his parent cadre in the substantive rank of ASI. It has also been clarified in the reply that under Rule 13.21 of the Punjab Police Rules, names of outstanding ASIs who have not qualified the promotion course for ASI from Punjab Police Academy, Phillaur but otherwise are of exceptional merit, may be entered in list E-II with the approval of IGP (Now DGP) if they are not below the age of 45 years. However, in the case of the petitioner there was no recommendation made by the Telecommunication Wing for inclusion in the promotion list E-II.;