IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Sukhwinder Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-21095-2016.
2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking declaration that Provincial District Police Cadre maintained under Rule 1.1 of Punjab Police Rules, 1934 (for short ‘PPR’) cannot be bifurcated into District Police and Armed Police Cadre. They are further seeking declaration that respondent has wrongly protected seniority of few Officers by curating Dying Cadre.
3. The petitioners are members of Punjab Police Force. They joined Police Department prior to 2008. Police Act, 1861 and PPR made thereunder were in force at the time of their appointment. The State of Punjab notified Punjab Police Act, 2007 (for short ‘2007 Act’) w.e.f. 20.02.2008. Section 80 of 2007 Act provides that State Government shall make Rules for carrying out purposes of the Act within one year from the date on which Act comes into force. Section 85 provides that PPR shall remain in force unless those Rules
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Act of 2007 is a citizen centric Act, whereas Rules of 1989, promulgated in exercise of powers under Article 309 of Constitution of India, are substantive provisions dealing with service conditions o....
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