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2022 Supreme(SC) 30

K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Sushil Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Surender Kumar Gupta, AOR Mr. Chitvan Singhal, Adv. Ms. Priyanka Terdal, Adv. Ms. Priya Mishra, Adv.
For the Respondent(s): Mr. Raj Singh Raja, AAG Mr. Pankaj Kumar Singh, Adv. Mr. Vishwa Pal Singh, AOR Mr. Rajendra Prasad, Adv. Ms. Pallavi, Adv. Mr. Brijender Singh Dhull, Adv.

JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

Leave granted.

2. This Civil Appeal arises out of the final judgment and order dated 29.07.2015 of the High Court of Punjab and Haryana at Chandigarh passed in LPA No. 1910 of 2011.

3. The Appellant was appointed as a Constable in the year 1995. It is his case that he was positioned as a Head Constable under the extent ORP Policy on 21.08.2001. Due to his acts of bravery his name was recommended by the Superintendent of Police (hereinafter ‘the SP’) for promotion under the 10% quota of outstanding performance for inclusion in the B-I List for promotion to the post of Head Constable in the year 21.01.2004. However, the Appellant’s name was dropped down by the Inspector General of Police (hereinafter the ‘IG’), when only 7 out of the 9 names were forwarded to the Central Departmental Promotion Committee (hereinafter the ‘CDPC’). Three years thereafter, i.e., in 2007 his name was again forwarded by the SP and this time it was passed by the IG, by virtue of which he was granted promotion and was made the Officiating Head Constable from 26.10.2008. It is his grievance that he should have been promoted in the year 2004 itself and that the delay in a

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