Police sub-inspector denied promotion to Inspector (Civil Police) due to a penalty order; an earlier penalty blocking promotion had been quashed by the Tribunal and he was found fit in August 2023. Court heard counsel and granted the State two weeks' time to seek instructions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 6
Case :- WRIT - A No. - 3097 of 2024 Petitioner :- S.I. Ram Chandra Singh Alias Ram Chander Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others
Counsel for Petitioner :- Chandra Prakash Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondents.
The contention of learned counsel for the petitioner is that the petitioner was eligible for being promoted as Inspector (Civil Police). However, on account of a minor penalty that had been imposed against him vide order dated 16.06.2021, against which the appeal filed was also rejected vide order dated 04.05.2022, the promotion of the petitioner did not take place, and a list was issued on 26.12.2022, a copy of which is Annexure No.2 to the writ petition, in which the name of the petitioner finds place at serial No.210, whereby it is categorically provided that the petitioner has not been found fit for promotion on account of punishment order dated 16.06.2021.
The contention is that the petitioner had challenged the punishment order dated 16.06.2021 and the appellate order dated 04.05.2022 before the U.P. Public Service Tribunal, Lucknow by filing claim petition No.1887 of 2022; In re: Ram Chandra Singh Vs. State of U.P. and others. The learned Tribunal vide judgement and order dated 27.01.2023, a copy of which is Annexure No.3 to the writ petition, quashed the punishment and appellate order.
Subsequent thereto, the petitioner was again placed under suspension on 04.08.2023. The respondents, however, have considered the claim of the petitioner for promotion along with others vide order dated 30.08.2023, a copy of which is
Annexure No.4 to the writ petition. The petitioner has been found suitable for being promoted as Inspector (Civil Police). Name of the petitioner finds place at serial No.63.
Subsequent thereto, the petitioner has been imposed with penalty dated 30.09.2023. Thereafter, the order impugned dated 19.12.2023, a copy of which is Annexure No.1 to the writ petition, has been passed, whereby the petitioner has been declared ineligible for promotion to the post of Inspector (Civil Police) on account of pendency of the penalty order dated 30.09.2023.
The argument is that initially when the respondents had found the petitioner ineligible for promotion vide order dated 26.12.2022, the same was on account of the penalty order dated 16.06.2021, which order stands quashed by the learned Tribunal vide judgement and order dated 27.01.2023 and consequently, the claim of the petitioner which ought to have been kept in a sealed cover at that stretch of time, i.e., on 26.12.2022 only required the sealed cover to be opened and the petitioner to be promoted on the post of Inspector (Civil Police) in pursuance of the recommendations of the Selection Committee/DPC but there cannot be any occasion of now considering the subsequent punishment order dated 30.09.2023, as the order deprives the petitioner of his promotion to the post of Inspector (Civil Police) as per the order dated 30.08.2023, which has already been passed in favour of the petitioner.
Learned Standing Counsel prays for the and is granted two weeks' time to seek instructions in the matter.
List thereafter as fresh.
Order Date :- 22.4.2024 Ashutosh
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner's promotion to Inspector (Civil Police), found suitable on 30.08.2023, can be denied on account of a subsequent penalty order dated 30.09.2023 despite the earlier penalty having
S.I. Ram Chandra Singh Alias Ram Chander
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Abdul Moin
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
