Ranjit Singh Sarkaria, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution for the issuance of a writ in the nature of mandamus directing the Respondents to appoint the Petitioner as Prosecuting Inspector of Police, Punjab.
(2.) THE Petitioner joined the Police Department, Punjab, according to him, on October 18, 1943, as Probationary Prosecuting Sub -Inspector of Police. He was placed on the Promotion List 'F' in the year 1949 and was promoted to the rank of Prosecuting Inspector of Police on December 9, 1949, and he earned eleven increments. Hid twelfth increment was due on May 28, 1962. He was officiating in the vacancy caused by the departure on leave preparatory retirement of Malik Kishori Lal, Prosecuting Inspector, who eventually retired without resuming his duty. Except for a number of Innocuous reversions occasioned by return from leave or deputation of officers senior to him, he continued to officiate as Prosecuting Inspector of Police till his impugned reversion on May 1, 1962, by the Inspector -"General of Police, Punjab, Respondent No. 3 (Copy of that order is Annexure 'A' to the writ petition). No reasons are given in that order, dated May 1, 1962, for reverting the Petitioner. Prosecuting Sub -Inspector Darshan Singh, No. J/105, who stood 56 places below him in seniority, was appointed Prosecuting Inspector of Police on Ms (Petitioner's) reversion on May 1, 1962. (Extract from the Civil List showing the seniority of the Petitioner vis -a -vis Darshan Singh is Annexure 'B' to the writ petition). After the reversion of the Petitioner, the officers at Nos. 21, 31 and 50 in Annexure 'B', Who were all junior to the Petitioner, were confirmed as Prosecuting Inspectors of Police. Officers at Nos. 30, 31 and 50, who were below the Petitioner in seniority, were also placed on the Promotion list 'G' and thus made eligible for the post of Police Prosecuting Inspector, whereas the Petitioner was reverted to the lowest rank of Prosecuting Sub -Inspector. The Petitioner alleges that his reversion operates as a punishment inasmuch as persons junior to him have been promoted and confirmed; that he has lost his seniority; that he was drawing Rs. 485 per mensem at the time of his reversion, and, and on his reversion he was paid Rs. 320 it has caused him a loss of Rs. 165 per mensem. It is further stated that the impugned reversion has caused him loss financially, socially, ethically and materially and has degraded his status in life in the eyes of his colleagues, brotherhood and society. The impugned reversion has also, it is added, barred his future promotion. The Petitioner was never given any show -cause notice prior to his impugned reversion, which is violative of the provisions of Articles 14 and 311 of the Constitution of India. The Petitioner is governed by the Punjab Police Rules, according to which his seniority and promotion could not be interfered with; nor could he be reverted without service of any show -cause notice or his being afforded an opportunity of personal hearing or explanation. It is further stated that the impugned order is violative of Article 309 and that the Petitioner could be reverted under Rule 16.10 of the Punjab Police Rules, which inter alia depended on his suspension, or under Rule 13.16(2) read with Rule 13.12(1) of the Punjab Police Rules, but none of these provisions was available to the Respondents. It is added that the impugned reversion is against the principles of natural justice, inasmuch as no show -cause notice was served upon him before his reversion was ordered. The Petitioner made representations which were rejected. He filed a memorial to the Governor of Punjab on October 20, 1962 and followed it up by several reminders, but he has not been informed about the fate of that memorial.
(3.) RESPONDENT No. 2, Kanwar Shamsher Singh, Inspector -General of Police, Punjab, and Joint Secretary to Government, Punjab, has filed an affidavit in which it is averred that the petitioner joined the Police Department, with effect from October 16, 1943, and not October 18, 1943, as Prosecuting Sub -Inspector. It is admitted that the Petitioner was brought on List 'F' (Prosecuting) with effect from September 12, 1949. He was promoted as Prosecuting Inspector in short -term vacancies during 1953 and 1954 and continuously officiated as Prosecuting Inspector from June 3, 1954 to April 30, 1962, the allegation of the Petitioner that he had earned eleven grade increments till his reversion is denied. It is pleaded that the record of the year 1949 was destroyed and consequently the averment of the Petitioner in paragraph 4 of his writ petition could not be verified. It is admitted that the Petitioner was reverted to his substantive rank of Prosecuting Sub -Inspector with effect from May 1, 1962, and Shri Darshan Singh was promoted as officiating Prosecuting Inspector in the vacancy caused by the Petitioner's reversion. It is admitted that officers mentioned at Nos. 31 and 50 (Sarvshri Ram Kishan and Harbans Lal) in Annexure 'B' were Confirmed as Prosecuting Inspector. It is further admitted that officers junior to the Petitioner, mentioned against serial Nos. 30, 31 and 50 in Annexure 'B', superseded the Petitioner in the matter of promotion and confirmation as Prosecuting Inspectors Since the Petitioner was reverted to his substantive rank of Prosecuting Sub -Inspector, the question of considering him for promotion does not arise. It is added that the Petitioner's name still exists on List 'F' and, as such, he is still to be considered for promotion to the higher rank on the basis of his reports, etc. It is admitted that the Petitioner's reversion has resulted in decrease in his pay, but it is averred that reversion was not made by way of punishment. The Petitioner had no right to hold the officiating rank of Prosecuting Inspector. His seniority in his substantive rank of Prosecuting Sub -Inspector has not been affected. The reversion of the Petitioner was made in terms of Police Rule 13.18 for administrative reasons. Consequently, Articles 14 and 311 of the Constitution were not attracted.;