Remanded

Sharda Singh v. State of Chhattisgarh and Ors.

Chhattisgarh HC9 Dec 2021WPS/4197/2010

Case brief

AI extract

What is this about?

In a writ petition challenging non-promotion to Assistant Sub Inspector, the High Court found insufficient record data on rewards and punishments to decide eligibility. It directed the Director General of Police to consider the petitioner's representation and decide within three months without expressing an opinion on merits.

What did the court decide?

Petitioner allowed to make a representation to Respondent No. 2 within 30 days to decide eligibility under SOP clause 3(b) within 3 months.

Sharda Singh Vs State of Chhattisgarh… — Pension and Retirement Benefits | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (S) No.4197 of 2010

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Smt. Sharda Singh, W/o Shri Ram Narayan Singh, Aged about 47 years, R/o Near Head Post Office, Polie Line, Chantapara, Bilaspur (C.G.)

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---- Petitioner

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Versus

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State of Chhattisgarh, Through the Secretary, Department of Home, Mantralaya, D K S Bhawan, Raiur (C.G.)

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The Director General of Police, State of Chhattisgarh, Raipur (C.G.)

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The Inspector General, Bilaspur Range, Bilaspur (C.G.)

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The Superintendent of Police, Bilaspur, Distt. Bilaspur (C.G.)

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---- Respondents

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For Petitioner: Mr. N. Naha Roy, Advocate. For Respondents/State: Mr. Lalit Jangde, Deputy Govt. Advocate.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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09/12/2021

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The petitioner herein calls in question her non-promotion on the post of Assistant Sub Inspector though she passed in the departmental examination in the year 2005 itself.

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The petitioner is a Head Constable and after having completed ten years of service as Head Constable, she appeared in the departmental examination for promotion to the post of Assistant Sub Inspector held in the year 2005 which she is said to have passed and after the said examination, she had already undergone the requisite training for 45 days for the promotional post, but she was not promoted, which she has challenged in this writ petition.

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The Police Headquarter had issued Amended SOP No.24/2002 dated

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23.10.2002 for promotion on the post of Assistant Sub Inspector ‘A’ Grade & ‘B’ Grade. The criteria fixed for promotion on the post of Assistant Sub Inspector is at clause 3 of the SOP which states as under: -

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ik=rk%&

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l-m-fu- ^^v** oxZ dh ijh{kk esa lfEefyr gksus ds fy;s iz/kku&vkj{kd dks ijh{kk o”kZ dh igyh tuojh dh fLFkfr esa fuEufyf[kr vgZrk;saA

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¼v½ iz/kku vkj{kd dks vkj{kd dk csfld izf’k{kd ,oa vkj{kd ls iz/kku vkj{kd in dk ih-ih- dkslZ mRrh.kZ gksuk pkfg;sA

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¼c½ mRre vkpj.k gks& mRre vkpj.k ls vfHkizk; gS fd iz/kku vkj{kd foxr 5 o”kksZa esa cM+h ltk u feyh gksA blh izdkj fiNys 5 o”kksZa esa izkIr NksVh ltkvksa dh la[;k blh vof/k esa izkIr bukeksa ls vf/kd u gks o budh lafu”Bk ¼baVhfxzVh@yk;fyVh½ esa lansg ugha gks iz/kku vkj{kd dh lafu”Bk izeq[k }kjk lR;kfir dh tkosxhA

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A careful perusal of the aforesaid criteria would show that the Head Constable must have passed the basic training and the P.P. Course and secondly, that he must not have awarded 5 years major punishment for the last five years and rewards granted to be more than the punishment and integrity should not be doubtful.

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It is the case of the petitioner that in view of clause 3(b) of the SOP, her case has not been considered and she has not been promoted despite passing the examination and undergoing the training for the promotional post. However, it is the case of the respondents that minor punishment awarded is more than the rewards received by the petitioner.

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The consideration is, whether the petitioner has rightly been refused promotion on the post of Assistant Sub Inspector?

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Mr. N. Naha Roy, learned counsel appearing for the petitioner, would

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submit that the petitioner is fully qualified and no major punishment as on January, 2005 has been awarded to her for last five years and the punishment which she has received is minor punishment which are less and awards are more, therefore, she is entitled for promotion, whereas, it is the submission of Mr. Lalit Jangde, learned Deputy Government Advocate appearing for the State / respondents, that minor punishments imposed upon the petitioner are more and rewards are less, therefore, she has not been promoted.

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I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection.

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A careful perusal of the record would show that the dispute revolves on the issue whether the petitioner is qualified for promotion in view of clause 3(b) of the SOP dated 23-10-2002. The petitioner has not mentioned how many rewards she has received during last five years as on the year of examination and the respondents have also not clearly mentioned the number of minor punishments and the number of rewards received by the petitioner. In that view of the matter, it is difficult to decide whether the petitioner was eligible for promotion or not in terms of the SOP dated 23-10-2002. Accordingly, the petitioner is allowed to make representation to respondent No.2 raising all submissions and grievances along with all relevant materials and a copy of this order within 30 days from today which shall be considered and decided in accordance with law within 3 months from the date of receipt of representation. Respondent No.2 shall consider the eligibility of the petitioner for promotion in the light of clause 3(b) and other relevant criteria of the SOP. It is made clear that this Court has not expressed any opinion on the merits of the matter.

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With the aforesaid observation and direction, the writ petition stands

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finally disposed of. No order as to cost(s).

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Sd/(Sanjay K. Agrawal) Judge

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Soma

Sharda Singh v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Sharda Singh v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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