- (1.) The petitioner vide this writ petition prays for issuance of a writ in the nature of certiorari to quash the order dated 13.01.2006 (Annexure P7) passed by the Director General of Police, Haryana, vide which the Review appeal/representation for promotion to the rank of Head Constable and fixation of seniority in the rank of Head Constable and claim for deemed date of enlistment in List C-I has been rejected. The petitioner has further prayed for issuance of a writ of mandamus directing the respondents to bring the petitioner on List C-I w.e.f. 15.03.1994 instead of 03.05.1994 and for grant of all consequential benefits as have been granted to his juniors.
(2.) The petitioner was Constable and was deputed to undergo the Lower School Course, which commenced on 01.08.1993 and completed on 31.01.1994. For an act of taking Rs. 100/- as illegal gratification from Sh. Kuldip Kumar Jain while the petitioner was posted as Constable at Saha Chowk Barrier on 17.12.1992, the petitioner was awarded a penalty of Censure on 03.11.1993. On completion of the course on 31.01.1994, the other batch mates of the petitioner were brought on List C-I w.e.f. 15.03.1994. The name of the petitioner was not included on the ground that a penalty of Censure was imposed on the petitioner vide order dated 03.11.1993. However, the name of the petitioner was brought on List C-I w.e.f. 03.05.1994 by the Superintendent of Police, Ambala on completion of six months from the date of penalty of Censure awarded to the petitioner. The petitioner contends that his name should have been brought on List C-I w.e.f. the date the names of his juniors and batch mates were brought on List C-I i.e. 15.03.1994. It is further the contention of the petitioner that Constable Ramesh Kumar No. 144/SPT and Constable Sumer Chand No. 867/RTK and Constable Randhir Singh No. 684/SPT (New No. 992/KNL) were also awarded punishment of Censure during the said period but their names were brought on List C-I w.e.f. 15.03.1994 and thus the petitioner has been discriminated against. Besides these, some other Constables i.e. Ram Phal No. 582, Constable Bhram Parkash No. 288, Constable Karnail Singh No. 464 and Constable Dhanpat No. 508 District Yamunagar were also awarded the punishment of Censure during the said period and their names were also brought on List C-I w.e.f. 15.03.1994. It is the contention of the petitioner that his batch mates in the Lower School Course i.e. Batch No. 34, which commenced w.e.f. 01.08.1993 to 31.01.1994, have been brought on List C-I w.e.f. 15.03.1.994 and, accordingly, have been promoted as Head Constables in the year 1999 whereas the petitioner was brought on List C-I w.e.f. 03.05.1994 and has been promoted as Head Constable on 29.11.2000. The juniors to him, as per the result of the C-I Course, have been promoted in the year 1999 whereas the petitioner has been promoted in the year 2000 thus leading to discrimination and violation of his right of seniority and promotion.
(3.) Upon notice having been issued, State of Haryana has filed a detailed reply wherein reliance has been placed on Rule 13.8-A of the Punjab Police Rules, 1934 as applicable to State of Haryana to contend that the name of the petitioner could only be brought on List C-I after six months continuous good conduct as a punishment of Censure was awarded to the petitioner for accepting illegal gratification of Rs. 100/- from Sh. Kuldip Kumar Jain while he was posted as Constable at Saha Chowk Barrier on 17.12.1992. It has been further submitted that after the expiry of six months from the date of punishment, the name of the petitioner was brought on List C-I on 03.05.1994. The fact regarding the other officials, who were batch mates of the petitioner having been brought on List C-I w.e.f. 15.03.1994, is admitted. Further the fact regarding the Constables mentioned by the petitioner in this petition, who had been also granted punishment of Censure and having been brought on List C-I w.e.f. 15.03.1994, also stands admitted. However, it is the contention of the respondents that the name of the petitioner could not be brought on List C-I w.e.f. 15.03.1994 in view of Rule 13.8-A of the Punjab Police Rules, 1934 as applicable to the State of Haryana, wherein it has been specifically provided that name of the Constable, who has been inflicted punishment of Censure, may be readmitted at the discretion of the Superintendent after six months continuous good conduct.;