Civil Writ Petition filed by a police officer seeking promotion as Head Constable. The High Court found the petitioner's case had been approved for promotion on a notional basis by the Commandant, redressing the grievances. The petition was disposed of as infructuous.
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.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 5th DAY OF AUGUST, 2022
BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN &
HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA CIVIL WRIT PETITION NO.3208 OF 2022 Between:-
BELI RAM AGE 53 YEARS, S/O LATE SH. LACHHI RAM, R/O CHAUHAN NIWAS, LOWER SHANGTI, NEAR HB COLONY, SANJAULI, SHIMLA, H.P.
…PETITIONER
(BY MR. SAMEER THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA.
2. THE DIRECTOR GENERAL OF POLICE, HIMACHAL PRADESH, NIGAM VIHAR, SHIMLA.
3. THE INSPECTOR GENERAL OF POLICE, SOUTHERN RANGE, NIGAM VIHAR, SHIMLA, H.P.
…RESPONDENTS
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL, MR. VINOD THAKUR, MR. SHIV PAL MANHANS, ADDITIONAL ADVOCATES GENERAL AND MR. YUDHBIR SINGH THAKUR, DEPUTY ADVOCATE GENERAL)
1 WHETHER APPROVED FOR REPORTING?
This petition coming on for orders this day, Hon’ble Mr. Justice Tarlok Singh Chauhan, passed the following :
O R D E R
The instant petition has been filed for the grant of following
substantive relief:-
“That respondent No.2 may kindly be directed to implement the recommendation of the DPC dated 6.8.2014 as sent by IGP on 11.8.2014 and thus promote the petitioner to the post of head constable with all consequential reliefs w.e.f. 25.8.2011 against the 10%
1 Whether reporters of Local Papers may be allowed to see the judgment ? Yes.
2
exemptee quota by granting him 5 marks for D & M course instead of earlier allotted 2 mark.
communication dated 29th July, 2022, relevant portion whereof, reads as
follows :
“ It is further submitted that on the receipt of the above CWP in the office of the replying respondent the case of the petitioner has been considered on the recommendation of the Departmental Promotion Committee constituted by the Inspector General of Police, Southern Range, Shimla, held on 6.8.2014 and accordingly vide order dated 25.7.2022 (Annexure R-1) the petitioner’s case has been approved for bringing his name on List C-II and also approved for promotion on notional basis w.e.f. 25.8.2011 under 10% exemptee quota and on actual basis from the date of his joining as Head Constable subject to the condition that there is nothing adverse against him which could render him unsuitable for promotion. On promotion the seniority of petitioner has been fixed below Constable Keshav Kumar, State CID (Sr. No.9) and above HHC Chet Ram, State CID of District Shimla (Sr. No.10) of this office order Endst. No.P1(6)-CP-24/09-21710 dated 25.8.2011. The formal order of promotion shall be issued by the Commandant 1st HPAP Junga District Shimla.
In view of the foregoing facts and circumstances the grievances of the petitioner has been redressed and as such the present petition has become infructuous.”
( Tarlok Singh Chauhan) Judge
( Chander Bhusan Barowalia ) Judge
5th August, 2022 (CS)
2 issues framed by the court
Whether the petitioner's grievance regarding promotion was redressed after the enactment of a promotion order.
The instant petition is disposed of due to the matter having become infructuous.
Beli Ram
State of Himachal Pradesh
Director General of Police, Himachal Pradesh
Inspector General of Police, Southern Range
Tarlok Singh Chauhan
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
