Ashwani Kumar vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1797

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Ashwani Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Petitioners:Mr. Suneet Goel, Senior Advocate with Mr. Vivek Negi, Advocate.
For the Respondents:Mr. Anup Rattan, Advocate General with Mr. L.N. Sharma, Additional Advocate General.

Table of Content
1. hp police promotions governed by amended punjab rules quotas. (Para 1 , 2 , 3 , 4)

JUDGMENT :

Jyotsna Rewal Dua, J.

Background
Himachal Pradesh Police Department had been following the Punjab Police Act, 1861 and PUNJAB POLICE RULES , 1934. The Punjab Police Act was eventually replaced by the Himachal Pradesh Police Act, 2007. However, archaic PUNJAB POLICE RULES , 1934 are still being followed for want of framing of Rules by the State of Himachal Pradesh though some amendments to the Rules have been made by the respondents-State.
1(i) Section 3(1) of the H.P. Police Act, 2007 (in short ‘H.P. Police Act’) provides ‘there shall be one Police Service for the State, called the “Himachal Pradesh Police Service” and members of such Service shall be liable for posting to any branch of the Service including the Armed Police or any of the specialized wings’.
As per Section 4(1)(i) of the H.P. Police Act ‘subject to the provisions of this Act, the Police Service of the State shall be categorized as the Civil Police and the Armed Police, each consisting of appropriate numbers of Non-Gazetted Police Officers Grade-II, comprising of Constables and Head Constables’.
Entry level i