- (1.) SHRI Fateh Lal Officiating Sub Inspector, who has been declared unsuccessful in two attempts in the Promotion Cadre Course is reverted to his substantive post Head Constable with immediate effect and posted in the O.P., ACD Jaipur City vice Shri Chandrapal offg. H.C. Proceeding for Promotion Cadre Course with with effect from 16.4.70 to Ajmer.
(2.) SHRI Fatehlal's name from the list of candidates who qualified for undergoing the promotion cadre course vide this Office No. 6705 -70 ( order book No. 319 ) dated 15.7.67 is struck off. Shri Fatehlal was first appointed as a Clerk in the police Department of the former Udaipur State in substantive capacity on 27.12 1945. In 1947 he came to be promoted as a senior clerk substantively in the Criminal Investigation Department. He was a special report dealing Assistant and he was posted in the Office of the Deputy Inspector General of Police, C. I.D. Udaipur. After the formation of Rajasthan he was appointed as an Assistant Sub Inspector of Police by the Deputy Inspector General of Police, C.I.D., Jaipur, by his order dated 30.11.49 on a maximum pay of Rs. 55/. per month plus the usual dearness allowance This order was effective from 1 12 49. The petitioner continued on this post till 14.4.54 when he was appointed as a Brivet Jamadar by an order of the Deputy Inspector General of Police, C.I.D., Rajasthan, Jaipur. While he was working a Brivet Jamadar ha was ordered to officiate as a Sub Inspector on a number of occasions On 10.3.58 a written test was held for the Head Constables with a view to preparing an approved list for promotion to the post of Sub Inspectors in accordance with a Standing Order (No. 6) of the I.G.P. Jaipur The petitioner qualified In the test. However, by a subsequent older of the Deputy Inspector General of Police dated 22.8 58 the aforesaid test was cancelled. A fresh test was ordered to be held on 18.10.58, but this was postponed more than once and eventually a test was held at Ajmer on 25 1 59. Regarding this test the petitioner avers that the information of it was sent to him by a radiogram on 24 -1 -59 and the same evening he started for Ajmer from his place of posting at Udaipur, but unfortunately for him during the journey he became seriously ill. He had undersgone a treatment from a doctor at Ajmer and remained confined to bed till 30.1.59. The petitioner asserts that he had brought this to the notice of the Deputy Inspector General of Police, the Superintendent of Police, Special Branch. C.I.D., Jaipur and Deputy Police ZONE Officer, C.I.D , Ajmer by a telegram. The test was, however, held and the petitioner came to be reverted by an order dated 11 -2 -59 as Head Constable on the ground that he did not appear at the test held on 25 -1 - 59 The petitioner then took a qualifying test for the Promotion Cadre Course for the post of Sub Inspectors of police. The test was held on 28 -6 -67 and the petitioner pasted this test. The petitioner was then sent for the Promotion Cadre Course at the the Police Training School, Kishangarh. He attended the course from 7 -9 -68 to 7 -6 -69. The petitioner claims to have passed the monthly tests, but again as illuck will have it, he failed at the final test. On 20.6.69, the Assistant Inspector General of police, Rajasthan, Jaipur, give a radiogram to all the District Superintendents of Police for informing the unsuccessful candidates to undergo the full course of training again at the Trailing School. Kishangarh. The petitioner was accordingly informed by the Superintendent of Police, A.C.D Jaipur to attend the Police Training School for Promotion Cadre Course afresh. The petitioner, however, could not know in what subjects he had failed and what the marks scored by him were. He, therefore, addressed a number of applications or letters to the Superintendent of Police to inform him about his fate, but the Superintendent of Police wrote to say that there was no practice of communicating the marks or that of issuing mark sheets to unsuccessful candidates. Never the less the petitioner took the Promotion Cadre Course once again and has claims to have completed the same on 9 -3 -70. According to the petitioner, till the time of the passing out parade he was not told that he had failed, but ultimately on 26.3.70 the Principal, Police Training School, Kishangarh ordered that the names of the petitioner as also of six others be struck off from the list of candidates who had qualified of undergoing the Promotion Cadre Course for the rank of Sub Inspectors. It was further ordered by him that the candidates including the petitioner will have to pass the qualifying test for the Promotion Cadre Course once again and finally he made the observation that those who had not passed the Promotion Cadre Course would be reverted to their substantive rank.
(3.) THE writ petition has been opposed by the State. It is denied that the order of the petitioner, is reversion was bad on any of the grounds taken by the petitioner'. It was further submitted that in accordance with the Rajasthan Police Subordinate Service Rules, 1966, hereinafter to be referred as 'the Rules'', the petitioner was required to pass the Promotion Cadre Course examination and for this he could claim to have only two opportunities and on his failure to pass the examination after two attempts he is required to take the qualifying ten afresh and then go for a fresh Promotion Cadre Course.;