JAGMOHAN BANSAL
Amit Arora – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jagmohan Bansal, J. (Oral)
By this common order CWP-25830-2019, CWP-5841-2022 and CWP-25942-2019 are hereby disposed of since issue involved in all the petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-25830-2019. There are two petitioners in CWP-25830-2019. The petitioner No.2 has passed away, thus, petition qua him, as conceded by counsel, has rendered infructuous.
2. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of order dated 09.08.2019 (Annexure P-9) whereby respondent relying upon Rule 18.2 of Punjab Civil Services (General and Common Conditions of Services) Rules, 1994 (for short 1994 Rules') has declined claim of the petitioner.
3. The petitioner on 03.06.2002 joined Punjab Police as Constable. The petitioner joined Punjab Armed Police (PAP) Cadre. In 2007, he was deputed to Commando Battalion. He, at a later stage, opted for District Police Cadre, thus, for all purposes Parent Cadre of the petitioner is District Police. In 2010, he was deputed to Intelligence Wing. The Punjab Police Act, 2007 came into force w.e.f. 28
Refusal to accept promotion under Rule 18.2 of the Punjab Civil Services Rules results in a two-year debarment, which is lawful and applicable to all government employees.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
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