M.R. Agnihotri, J. - (1.) Constables Harmohinder Singh and Rajinder Singh of Haryana Police belonging to district Sirsa have approached this Court for the quashing of the order dated 1.12.1988 (Annexure P-3) by which Constable Pal Ram-respondent No. 3, was promoted as Head Constable in Sirsa district after bringing him to that district by transfer from district Hissar by order dated 7.9.1988. The promotion of Kamal Singh respondent No. 4 was also challenged in the writ petition but at the time of hearing of the case, the learned counsel dropped that challenge as it transpired that in fact respondent No. 4 had not been promoted as Head Constable at all.
(2.) Petitioner No. 1, Harmohinder Singh was recruited as Constable in police department in district Sirsa on 22.4.1973. He completed the lower School Course on 313.1984 and his name was entered in List 'C' with effect from 1.4.1984. Similarly, petitioner No. 2 Rajinder Singh was also recruited as a Constable in district Sirsa on 29.7.1977 and after completing his lower School Course on 31.3.1984 go this name entered in list 'C' with effect from 1.4.1984. Since according to rule 13.8 of the Punjab Police Rules, 1934, as applicable to the State of Haryana, List'C' for promotion from the rank of Constable to Head Constable has to be prepared on district-wise basis by the respective Superintendents of Police, the petitioners became eligible for promotion to the rank of Head Constables. In that list the names of the petitioners appear at serial Nos. 1 and 2 being senior most Constables in district Sirsa. However, by order dated 7.9.1988 (Annexure P-l), Pal Ram Constable No. 871, belonging to district Hissar was transferred to district Sirsa by the Deputy Inspector General of Police, Hissar Range, against a vacant post. Soon thereafter, by order dated 1.12.1988 (Annexure P-3) passed by the Superintendent of Police, Sirsa, Constable Pat Ram was promoted to the rank of officiating Head Constable without considering the superior claims of the petitioners even though they were eligible and senior most Constables of district Sirsa. The petitioners approached this Court for the redress of their grievance inter alia alleging that respondent No. 3 who, at one time was working as Reader to the Deputy Inspector General of Police, Hissar, before transfer to Sirsa, got his promotion in an illegal and indirect manner, inasmuch as he was first brought by transfer from Hissar to Sirsa only in Sept., 1988, and after giving him promotion on 1.12.1988 he was against sent back to Hissar (on deputation) on the very next day to work as Reader with the Deputy Inspector General of Police, Hissar-respondent No.1. Thus, according to the petitioners, the transfer of Pat Ram respondent No. 3 was only a camouflage and in fact the intention of the authorities was to promote him by ignoring his seniors. Otherwise, he could not be considered for promotion as he had been recruited as a Constable only on 25.3.1976.
(3.) While issuing Notice of Motion we also directed the learned State Counsel to produce before us the original records in order to verify as to how the case of Pat Ram respondent No. 3 was processed for being transferred to district Sirsa. This record has been produced before us and we have perused the same.;