Kuldeep vs State of Haryana - 2022 Supreme(P&H) 2113

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 2113

JAISHREE THAKUR
Kuldeep – Appellant
Versus
State of Haryana – Respondent

Advocates appeared:
Mr. Sunil Kumar Nehra, Advocate, for the Appellant; Ms. Upasana Dhawan, AAG, Haryana., for the Respondent.

JUDGMENT

Jaishree Thakur, J. (Oral) - The petitioner herein seeks to challenge the order dated 11.10.2021 (P-11) vide which a person junior to the petitioner has been promoted on the post of Assistant Sub Inspector, ignoring the fact that period of currency of punishment of censure had elapsed.

2. In brief, the facts are that the petitioner was appointed as Constable on 11.10.2008. By order dated 23.12.2013, the petitioner was approved for Executive Clerical Cadre, English and Accounts Branch and he was thereafter promoted to the rank of officiating Head Constable on 27.01.2015. The petitioner was suspended on 17.09.2016 and a departmental enquiry was initiated against him and others. A show cause notice was issued as to why punishment of Censure be not inflicted upon him. The petitioner submitted his detailed reply to the show cause notice, which was found to be unsatisfactory and he was imposed a punishment of censure. Appeal filed by the petitioner against the said order was returned by observing that no appeal lies against the order of censure. The petitioner submitted a mercy appeal to the Director General of Police, Haryana on 06.09.2018, which stood filed vide order dated 17.1

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