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2021 Supreme(HP) 820

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
RAJINDER SINGH SON OF SH. D. R. CHAUHAN – Appellant
Versus
STATE OF H. P. THROUGH SECRETARY HOME TO THE GOVERNMENT OF HIMACHAL PRADESH SHIMLA, H. P. – Respondent


Advocate Appeared:
For the Appellant :ASHOK K.TYAGI, ADVOCATE
For the Respondent:SH.ASHOK SHARMA, ADVOCATE GENERAL WITH SH. RAJINDER DOGRA, SR. ADDL. A.G., SH. VINOD THAKUR, SH. SHIV PAL MANHANS, MR. HEMANSHU MISRA, ADDITIONAL ADVOCATES GENERAL AND SH. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL

ORDER :

By way of instant petition, petitioner has prayed for the following substantive reliefs:-

    (i) That the order dated 22.05.2019 passed by respondent No.3 and order dated 17.10.2019 passed by respondent No.2 may kindly be quashed and set aside.

(ii) That the respondents be directed to refund the recovery as made by the respondent and to grant all benefit due to the petitioner.

2. Petitioner has preferred the petition on the premise that he is working as Head constable with the Police Department of State of Himachal Pradesh. His initial appointment was as constable and he was promoted to the present post by virtue of his merit. As per petitioner, he has an excellent career which has been free from any complaints, allegations and insinuations.

3. Petitioner has alleged that he was framed in false charges, on the basis of which a departmental inquiry was conducted against him. The inquiry was dropped by the Commandant 1st HPAP Battalion, Junga, District Shimla, H.P., vide order dated 16.07.2018. As per petitioner, he made a representation to the Director General of Police, Police Headquarters, Himachal Pradesh, Shimla, through proper channel, seeking promotion to the Higher rank, but

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