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2023 Supreme(Raj) 710
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Arvind Bhardwaj, S/o. Shri Surendra Singh and Anr. – Petitioners
Versus
Director General Of Police, Rajasthan, Jaipur. and Anr. – Respondents
S.B. Civil Writ Petition No. 15143 Of 2010
Decided On : 05-09-2023
For the Petitioners: Mr. M.M. Mehrishi & Mr. Shobhit Tiwari.
For the Respondents: Mr. P.S. Naruka for Mr. Rupin Kala, G.C.
Headnote:
Rajasthan Police Subordinate Service Rules, 1989 - Rule 28(1) - Constitution of India, 1950 - Article 14 - Promotion - Reconsideration of promotion to post - Direct the Respondents to treat the Petitioners as holding the rank of ASI - Declare that consequently Petitioners Special Promotion given by D.G.P. under Rule 28A vide Order be treated as a promotion from rank of ASI to rank of Sub-Inspector - Held, In many countries, discretionary powers are granted to government officials and agencies to enable them to make decisions that are necessary for effective administration of government policies and programs - However, exercise of these powers must be subject to certain legal and constitutional limitations to prevent abuses of power - Principle of non-arbitrariness requires that government officials and agencies must act in good faith and in accordance with law when exercising discretionary powers - This means that they must have a rational basis for their decisions and must not act in a manner that is capricious, whimsical, or discriminatory - Any exercise of discretionary power must be based on relevant and objective criteria, rather than on personal preferences, biases, or prejudices - Discretion has been used by respondents in a vague and fanciful manner - Petition allowed.
ORDER :
1. Instant petition has been filed by the petitioner with the following prayer:
“(i) Direct the Respondents to treat the Petitioners as holding the rank of ASI substantively on 22.11.07.
(ii) Declare that consequently the Petitioners Special Promotion given by the D.G.P. under Rule 28A vide Order No.7210 dated 22.11.07 be treated as a promotion from the rank of ASI to the rank of Sub-Inspector from the date as specified above.
(iii) Direct the respondents to treat the Petitioners as Sub-Inspector w.e.f. 22.11.2007 and they be nominated to under P.C.C. of Sub-Inspectors.
(iv) Direct the Respondents to give all consequential benefits and promotion, pay and allowances to the Petitioners under the Rules, w.e.f. the date of their promotion.
(v) May pass such other orders and also given such other benefits as may be deemed in the facts and circumstances of the case.
(vi) To pass appropriate writ, order or direction, whereby Order dated 17.12.2015 be quashed and set aside and consequently Petitioners be given their rightly special promotion on post of Police Inspector with all consequential benefits and reliefs.”
2. Learned counsel for the petitioners submits that the petitioners were holding the post of Head Constable and because of their courageous act Gallantry Award was awarded to them and out of turn special promotion was granted to them to the post of Assistant Sub Inspector under Rule 28 of the Rajasthan Police Subordinate Service Rules, 1989 (for short ‘the Rules of 1989’) vide order dated 22.11.2007. Counsel submits that subsequently both petitioners completed their Promotion Cadre Course (for short, ‘PCC’) by participating in the departmental examination process on 08.08.2008. Counsel submits that the petitioners were granted regular promotion for the vacancy year 2006-07. Counsel submits that under these circumstances, the petitioner submitted a detailed representation before the respondents for reconsideration of their promotion to the post of Sub Inspector. Counsel submits that when no orders were passed on the said representation the petitioners approached this Court by way of filing instant writ petition, but during the pendency of this petition the respondents have passed the order impugned on 18.12.2015 by which their special promotion order dated 22.11.2007 was recalled by which the Gallantry award of the petitioner was converted into cash reward of Rs.25,000/-. Counsel submits that the aforesaid exercise was done by the respondents to defeat their claim to get the promotion on the post of Sub Inspector. Counsel submits that under the similar circumstances special promotion was granted to three similarly situated persons Panna Lal, Ummed Singh and Nand Lal. Counsel submits that all these persons were granted special promotion out of turn from the post of Head Constable to the post of Assistant Sub Inspector but subsequently their case was considered for promotion on the post of Sub Inspector. Counsel submits that under the similar circumstances the petitioners are also entitled to get the same benefits, so the respondents be directed to consider the case of the petitioners for special promotion out of turn to the post of Sub Inspector. In support of their contentions they have placed reliance upon the following judgments passed by the Co-ordinate Bench of this Court in the case of:
1. Ummed Singh Vs. The State of Rajasthan and Ors. (S.B. Civil Writ Petition No.11192/2012).
2. Satyapal Pareek Vs. State and Ors. (S.B. Civil Writ Petition No.2940/2013).
3. Per contra, learned counsel for the State respondents opposed the arguments raised by the counsel for the petitioners and submitted that regular promotion was granted to the petitioners against the vacancies of the year 2006-07, hence respondents have not committed any error in converting the Gallantry awards of the petitioners into cash award vide order dated 18.12.2005. Counsel submits that since regular promotion was given to the petitioners on the post of Su
