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2006 Supreme(Guj) 26
Gujarat High Court
Judgename :K.A.PUJ
HARGOVINDBHAI P PATEL - Appellant
Versus
D G P - Respondent
SPECIAL CIVIL APPLICATION 4830 of 1987
Decided On : 01/17/2006
Headnote:
Constitution of India,1950 - Article 226 - Petitioner has filed this praying for direction to respondents to promote petitioner to post of Police Inspector from consider his case for future promotion and to confer upon him all consequential benefits - Petition was admitted and rule was issued on - Petition was ordered to be heard along with Special Civil Application - Court has modified interim relief and directed that promotions if any of juniors of petitioner shall be subject to final decision of petition - Special Civil Application was heard and decided by Division Bench to which reference was made and Division Bench vide its order has held that seniority-cum-merit is not criterion for promotion to post of Police Inspector from lower ranks of Police force - Division Bench has also directed office to place matter before Single Judge for proceeding further in accordance with law said adverse remarks in departmental inquiry said remarks regarding his refusal to obey order for attending security for Asian Games was not proved and for other two charges one increment for a period of three years was withheld and hence nothing remained against petitioner in year - Held, Court does not think it just and proper to interfere in matter whole basis of filing this petition is found to be erroneous in this wise that petitioner was carrying out an apprehension that because of adverse remarks his case was not considered for promotion - However looking at reply it is made very clear that at no stage it was stated that because of adverse remarks petitioners case was not considered for promotion - Everywhere it was stated that petitioner was not found to be meritorious as compared to his juniors to whom promotions were granted and hence petitioner was not granted promotion to post of Police inspector - Court is therefore of view that respondent authorities have rightly taken into consideration petitioners case for promotion in and granted deemed date of promotion - Even otherwise in whole petition much emphasis was given on issue to grant promotion - Though reference was made in petition for grant of promotion no material was produced to that effect except by making bald statement or averment in petition - Petition dismissed (Para 22)
( 2 ) THE petition was admitted and rule was issued on 28. 09. 1987. The petition was ordered to be heard along with Special Civil Application No. 1407 of 1983. The Court has modified the interim relief and directed that promotions, if any of the juniors of the petitioner shall be subject to final decision of the petition.
( 3 ) SPECIAL Civil Application No. 1407 of 1983 was heard and decided by the Division Bench to which the reference was made and the Division Bench vide its order dated 09. 10. 1990 has held that seniority-cum-merit is not the criterion for promotion to the post of Police Inspector (Unarmed) from the lower ranks of the Police force. The correct criterion is "merit" as laid down in Rule 53 of the Gujarat Police Manual volume " I which is enacted in exercise of the powers under Article 309 of the Constitution of india and published in Notification dated 10. 01. 1964. The Division Bench has also directed the office to place the matter before the learned Single Judge for proceeding further in accordance with law. Accordingly, the Learned single Judge of this Court has disposed of the said petition vide his order dated 26. 10. 1993 and it was observed therein that having regard to the facts and circumstances of the case and the view taken by the Division Bench of this court in this petition, the petition deserves to be dismissed. The petitioner was not entitled to be considered for the post of Police Inspector.
( 4 ) IT is the case of the petitioner that in 1985, when the promotions were given to Police-sub- inspectors to the post of Police Inspectors as per the gradation list of 1980, the petitioner was superseded by his about 8 juniors. The petitioners name figured at serial no. 581 in the said gradation list and juniors to him at serial nos. 582 to 586 and 590 to 592 were promoted. There was no reason for the respondents to bypass the claim of the petitioner while superseding his juniors to the post of Police Inspector. The only apprehension in the mind of the petitioner was about adverse remarks communicated to him by the authority for the year 1982-83. Against these adverse remarks, on 04. 07. 1983, the petitioner made a representation to the concerned authority. An order was passed by the respondent authority on 19. 10. 1983 whereby the first remark about his nature was expunged whereas two other remarks regarding his capacity to shoulder responsibility and his refusal to obey the orders of his superiors remained as they were in the confidential report. Pursuant to the said adverse remarks, in the departmental inquiry, the said remarks regarding his refusal to obey the order for attending security for Asian Games was not proved and for other two charges, one increment for a period of three years was withheld and hence, nothing remained against the petitioner in the year 1984. It is, therefore, submitted that there was no justification with the respondent authority to supersede the petitioner while promoting his juniors in the year 1985.
( 5 ) IT is further submitted that the respondent authority has published the list of Police-Sub- inspectors who have been given promotion in the year 1987 by an order dated 07. 09. 1987 and in the said order, the petitioners name did not figure anywhere. One Mr. N. G. Patel who was at serial no. 328 in the revised gradation list of 1987 has got promotion to the post of Police inspector bypassing the petitioner who figured at serial no. 320 in the said revised gradation list of 1987. The petitioner has, therefore, prayed for quashing and setting aside the promotion list dated 07. 09. 1987 being violative of the criteria of seniority-cum-merit as per the rules and also viola
