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2025 Supreme(Online)(P&H) 18365

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
H C BHUPENDER SINGH – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:27.10.2025 HC Bhupender Singh ….Petitioner vs.

State of Haryana and others ….Respondents CORAM: HON’BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. Ajay Shekhawat, Advocate for the petitioner Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana ***

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 15.09.2025 whereby Additional Director General of Police, Hisar Range, Hisar (for short ‘ADGP, Hisar’) has rejected his representation.

2. The petitioner passed Lower School Course in Batch No.64. He was brought on C-1 List on 23.08.2018. He was awarded punishment of censure on 05.02.2019. His promotion as Head Constable was delayed by six months on account of punishment of censure. He was promoted as Head Constable on 06.01.2020 whereas his batchmates were promoted on 31.07.2019. The respondent has selected Head Constables for Intermediate School Course who had retained their lien with Hisar Range and completed Lower School Course up to Batch No.65. In the list dated 10.09.2025 circulated by ADGP, Hisar, of Head Constables who have been considered for Intermediate School Course, name of petitioner does not figure. Director General of Police, Haryana (for short ‘DGP’) through WAN Messages has clarified that officials who have been awarded punishment of censure be considered for promotion after the expiry of six months from the date of punishment. The petitioner submitted a detailed representation dated 11.09.2025 seeking his enlistment for Intermediate School Course. The respondent has rejected his representation by order dated 15.09.2025 on the ground that his promotion to the post of Head Constable was delayed for six months on account of punishment of censure.

3. DGP, Haryana has issued WAN Message dated 16.08.2023 to the effect that officials under policy of punishment may not be deputed to Intermediate School Course whereas officials under suspension and having adverse remarks may be deputed to said course, however, promotion can only be done in accordance with relevant Rules. Merely, deputing and passing the said course will not create any right of promotion. WAN message dated 16.08.2023 read as: -

“No. 8940-95/T-2 dated 15.08.2023(.) Regarding Intermediate School Course (.) This office earlier clarified to CP/Panchkula vide WAN Message No.7178/T-2 dated 18.05.2018 that 'officials under currency of punishment may not be deputed to Intermediate School Course (.) Whereas, the officials under suspension and having adverse remarks may be deputed to the said course, however, promotion can only be done in accordance with relevant rules i.e. merely deputing and passing the said course will not create any right of promotion beyond relevant rules' (.) As such, all concerned police units are requested to take further necessary action accordingly and also ensure meticulous compliance of the said instruction while deputing candidates in upcoming batch(s) of Intermediate School Course (.)”

4. Pursuant to order dated 23.07.2019 passed by this Court in CWP No.20998 of 2018, the respondent has issued instructions dated 25.04.2024 with respect to seniority and promotion of officials who have been awarded punishment of censure. The respondent has clarified that where promotion is delayed by six months, the official be granted ante dated seniority as if punishment of censure had not been awarded once he is promoted after completion of currency of punishment. The clarification dated 25.04.2024 reads as:-

“No.7374-90/E(III)-I dated Panchkula, the 25-04-2024 Subject: - Impact of punishment of Censure.

Memo Please refer to the subject noted above.

2. ‘Censure’ is a minor punishment as per Rule 16.1 of Punjab Police Rules, 1934. Further, as per Rule 13.8- A of PPR, case of a police personnel can be considered for promotion only after six months of continuous good conduct of inflicting punis

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