Promotion in a police service cannot be granted during the currency of punishment as it conflicts with efficiency and honesty requirements.

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of communication dated 13.03.2025 (Annexure P-22) whereby respondent has rejected his claim for deemed date of promotion as Inspector.

2. The petitioner was enrolled as Constable on 01.11.1991. He was promoted as Head Constable on 04.08.2006. He was further promoted as Assistant Sub Inspector on 27.11.2014 and Sub Inspector on 26.07.2024. The respondent initiated departmental proceedings against him alleging misconduct while investigating case of FIR No.239 dated 30.07.2017, under Sections 420, 467, 468, 471, 473 and 120-B of IPC and 61/1/14 of Excise Act, 1944, registered at Police Station, Pinjore, Panchkula. The Enquiry PARAMJIT KAUR SAINI Officer found him guilty. The Disciplinary Authority issued him show cause notice dated 28.01.2021 proposing punishment of stoppage of ten future annual increments with permanent effect. He filed reply to show cause notice. He was awarded punishment of stoppage of four future annual increments with permanent effect vide order dated 24.02.2021. He preferred an appeal which was partially allowed. The punishment was reduced to stoppage of two future annual increments with permanent effect. He further preferred revision which was rejected vide order dated 29.04.2022 passed by Director General of Police, Haryana. He preferred mercy appeal before Government which was partially accepted vide order dated 01.07.2024 and punishment of stoppage of two future annual increments with permanent effect was substituted for stoppage of two future annual increments with temporary effect.

The respondent besides aforesaid departmental proceedings initiated another inquiry against the petitioner alleging lapse in investigating case of FIR No.189 dated 20.10.2021, under Sections 452, 354, 379A, 506 of IPC, registered at Police Station, Kalka, District Panchkula. He was issued show cause notice dated 13.04.2022 proposing punishment of stoppage of four annual increments with cumulative effect. He filed reply to show cause notice and was awarded punishment of stoppage of two annual increments with cumulative effect vide order dated 28.04.2022. He unsuccessfully preferred appeal before Appellate Authority. He further preferred revision before Director General of Police, Haryana who reduced quantum of punishment. The punishment of stoppage of two annual increments with cumulative effect was substituted for stoppage of one PARAMJIT KAUR SAINI annual increment with cumulative effect. He preferred mercy appeal before the State Government. The said appeal came to be partially allowed vide order dated 01.07.2024. The punishment was reduced to stoppage of one increment with temporary effect.

The petitioner was also issued show cause notice dated

08.01.2021 proposing punishment of stoppage of two future annual increments with temporary effect. He vide order dated 12.02.2021 was awarded punishment of censure.

3. Mr. G.S.Gopera, Advocate submits that despite punishment of forfeiture of increments, the petitioner can be promoted because awarded punishment was minor. He was not awarded punishment of stoppage of increment with cumulative effect whereas he was awarded punishment of stoppage of increments with temporary effect. On one occasion he was awarded punishment of censure. This Court has repeatedly held that promotion cannot be denied on the ground of punishment of censure.

4. I have heard learned counsel for the parties and perused the record with their able assistance.

5. From the perusal of record, it is evident that petitioner besides punishment of censure was awarded punishment of stoppage o