B.S. Dhillon J. - (1.) Petitioner D S Grewal is a member of the Indian Police Service. He was appointed to the service in 1949 and was assigned 1945 as the year of allotment At present he holds the rank of Inspector General of Police, Punjab It has been averred in the petition that the petitioner was involved in a false criminal case on account of personal malice of the then Chief Minister, Punjab and consequently the petitioner was denied his due promotion to the post of Superintendent of Police (Selection Grade) and Deputy Inspector General of Police on the due dates. The representation of the petitioner in which he claimed the grant of Selection Grade and also his promotion to the post of Deputy Inspector General of Police was ultimately accepted by the Punjab Government vide orders dated 28th October, 1966 and the petitioner was promoted to the Selection Grade of the Indian Police Service with effect from 31st May, 1959. The petitioner claimed that he was still not assigned his original place He submitted another representation and ultimately vide order dated 27th November, 1969, the orders dated 28th October, 1966, were modified and the petitioner was promoted as Superintendent of Police (Selection Grade) with effect from 6th June, 1958 and as Deputy Inspector General of Police with effect from 14th April, 1939.
(2.) In August, 1972, the post of Inspector General of Police fell vacant The petitioner claimed that in view of his earlier date of promotion to the selection posts of Superintendent of Police (Selection Grade) and Deputy Inspector General of Police than shri J. R. Chhabra. another I. P. C. Officer, the petitioner had a right to maintain that advantage over Shri J R. Chhabra Reliance in this regard has been placed on the instructions dated 5th October, 1955, copy of which is Annexure 'P S' with the writ petition. However, there was an adverse report on the service record of the petitioner which was not conveyed to him till August, 1972. when the selection to the post of Inspector General of Police was made In spite of the fact that the said entry was not conveyed to the petitioner, the same was taken into consideration and according to the petitioner, it was because of that adverse entry that Shri J. R. Chhabra was promoted as Inspector General of Police with effect from August, 1972. The petitioner claimed that his service record was so good that he had a right to be promoted as against Shri Chhabra. The adverse entry, which is in the following words : "He is a controversial officer and I do not consider him fit for promotion." was ultimately conveyed to the petitioner after the promotion of Shri Chhabra against which the petitioner represented and his representation was accepted by the State Government. The remarks were ordered to be expunged vide order dated 25th August, 1975, copy of which is Annexure 4P. 4' with the writ petition Before the remarks were expunged, the petitioner was promoted to the rank of Inspector General of Police by the State Government.
(3.) It has been averred in the petition that the petitioner then came to know that Shri Chhabra was promoted as against him in August, 1972, solely on the adverse remarks relating to the years 1971-72, which remarks were subsequently expunged by the State Government. The petitioner made a representation, copy of which is Annexure 'P. 5' with the writ- petition, which was examined by the Government and it was found that the petitioner was entitled to be promoted as Inspector General of Police with effect from August 18, 1972, with all consequential benefits. This proposal of the Home Secretary was approved by the Chief Secretary and the Chief Minister and the same was ultimately got approved from the Cabinet It was, therefore, proposed that the matter be referred to the Finance Department for according their concurrence to the creation of additional temporary post of Inspector General of Police, Punjab in the scale of Rs 2, 500-125-2, 750 with effect from 18th August, 1972 to 31st December, 1972, and in the scale of Rs. 2, 500-125/2-2, 750 with a special allowance of Rs. 250 per month (The special allowance having been attached with the post of Inspector General of Police, Punjab by the Government on the recommendation of the Government of India and the concurrence of the Finance Department with effect from 1st January, 1973) and to the payment of arrears of the salary to the petitioner. The Finance Department agreed with the proposal subject to the condition that the Government of India should approve the creation of the temporary post for the period from 18th August, 1972, from the date Shri Chhabra was promoted, to 27th June, 1975. Accordingly the Punjab Government addressed a communication dated 25th June, 1976 to the Central Government requesting for the concurrence to the creation of an additional temporary post of Inspector General of Police, Punjab for the period in question. Copy of this communication is Annexure 'P. 6' with the writ petition. The decision of the Government of India was communicated to the petitioner by the State Government vide their letter dated 27th, October, 1976, copy of which is Annexure 'P. 7' with the writ petition. The Union of India refused to create a post and the copy of the letter conveying this decision dated 7th August, 1976, is Annexure 'P. 8 with the writ petition.;