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2023 Supreme(P&H) 3360
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M.S. RAMACHANDRA RAO, SUKHVINDER KAUR, JJ.
Lady Constable Aruna Kumari – Petitioner
Versus
State of Haryana & Ors. – Respondents
CWP NO. 18902 of 2020 (O&M)
Decided On : 01-02-2023
Mr. Sunil K. Nehra, Advocate; For the Petitioner
Mr. Arun Beniwal, DAG, Haryana; For the Respondent
Headnote:(A) Articles 14 and 16 of the Constitution of India - Gender discrimination - Promotion of constables in Haryana Police under 10% bravery quota - Petitioner joined as Female Constable; despite being part of a raiding party that displayed exceptional bravery, she was not recommended for promotion while male counterparts were promoted. Court held that such omission constituted a violation of equitable treatment principles. (Paras 13-37)
(B) Legal relevance of service length criteria for bravery promotions was rejected by the court, emphasizing merit over tenure. (Paras 22-36)
Facts of the case:
The petitioner, a Female Constable in Haryana Police, participated in a raid that led to the arrest of a wanted criminal and received recognition for her role but was denied promotion under the bravery quota which was granted to her male peers.
Findings of Court:
The Court set aside the order denying the petitioner promotion and mandated her name be recommended for the promotion list B-1 against the 10% bravery quota due to her demonstrated bravery.
Issues: The main issues included whether denial of promotion constituted gender discrimination and the relevance of tenure for bravery recognition.
Ratio Decidendi: The court opined that a promotion based on bravery should not be hindered by the requirement of minimum service years if deserving actions were demonstrated, reaffirming the imperative of promoting equality and fairness in service.
Result: Writ Petition allowed; petitioner to be promoted as directed.
| Table of Content |
|---|
| 1. background facts of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. contention of the petitioner regarding discrimination (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. court's analysis of evidence and discrimination (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 4. recognition of bravery irrespective of service length (Para 36) |
| 5. final ruling and order for promotion (Para 37 , 38) |
JUDGMENT
M.S. Ramachandra Rao, J.
In this Writ Petition, the petitioner has prayed for issuance of a Writ in the nature of Mandamus directing the respondents to recommend the name of the petitioner for promotion list B-1 and to promote her to the rank of Head Constable in the District Gurugram from the very day other similarly situated officials had been recommended/promoted along with all other consequential service benefits.
Background facts
2. The Writ Petitioner joined as Female Constable in Haryana Police on 21.07.2011.
3. On 09.10.2013, she was posted on general duty in Metro Police at Police Station, Sector 29, Gurugram. She received telephonic orders to report at Police Station Palam Vihar, Gurugram and join as a lady member in the raiding party.
4. On receiving telephonic orders, she departed for Police Station Palam Vihar, Gurugram and reached at 9.30 P.M. on 09.10.2013. The entry with regard to arrival of the petitioner was recorded at rapat roznamcha Register at Sr. No.53 which is translated and annexed with the Writ Petition as Annexure P-1.
5. The raiding party was formed to make arrest and investigation in case FIR No.126 of 2013 registered under Sections 323 , 325, 393, 354, 452, 294 of the IPC and Sections 25 , 54, 59 of the ARMS ACT at Police Station Palam Vihar, Gurugram against a most wanted criminal namely Vicky Kadian.
6. The petitioner was the sole female official in the raiding party and there were other members of raiding party by name SI Dinesh Kumar ADD/SHO, P/SI Pardhuman, P/SI Devinder, ASI Anil Kumar 588, HC Parmod 2232, HC Pardeep Kumar 1902, C Sunil Kumar 2879, C Sandeep 1864, C Sanjeet 2053, C Satbir 5/551 and C Satinder 3269.
7. The entry with regard to the the departure of the said raiding party for his arrest was recorded at Sr. No.55 at 10.15 P.M. on 09.10.2013.
8. The said criminal was arrested by the Police Party after there was firing by him on the Police Party in which nobody was hurt, and fresh FIR No.484 dt.10.10.2013 (Annexure P-2) was registered against him under Sections 186 , 353, 307 of IPC and Section 25 of the ARMS ACT with Police Station Palam Vihar, Gurugram.
9. Pursuant to the registration of the FIR, the petitioner who was also named in the FIR as a member in the raiding party, joined in the investigation, and got recorded her statement under Section 161 of the Cr.P.C. which is annexed as Annexure P-3.
10. The petitioner, along with other constables who were part of the raiding team for the arrest of the Vicky Kadian, was also awarded appreciation letter of first class, and entry regarding the same was recorded in the Conduct Entries of October,2013 the petitioner vide order No.1873 dt.23.10.2013. Vide Annexure P-4, this was informed to petitioner when she applied under the RTI Act, 2005.
11. However, only constable Sunil Kumar 2879/GGN, Constable Satender Kumar 3269/GGN, Constable Sandeep No.1864/GGN and Constable Sanjeet were recommended by the Deputy Commissioner of Police, Gurgaon (Respondent No.4) for promotion list B-1 against 10% bravery seats for excellent assistance in the arrest of the criminal-Vicky Kadian who was allegedly involved in 59 criminal cases and was carrying cash reward of Rs. 70,000/- by the DGP, Haryana on his arrest. The recommendation of the aforesaid individuals dt.30.05.2014 is annexed as Annexure P-5.
12. On the basis of the said recommendation, the above individuals had been promoted to the post of Head Constable on 09.09.2015 against 10% quota for the year 2014, vide appointment order dt.11.09.2015 Ann
