Censure does not wholly bar eligibility for selection grade but can delay promotion; comprehensive evaluation by the High Court is required.

O R D E R

1. Heard learned counsels for the parties.

2. This appeal has been filed by the Director General of Police, Rajasthan against the order of the Division Bench of the High Court of Rajasthan dated 05.08.2011. The order of the High Court only says:-

“There is delay of 65 days in filing Special Appeal.

For the reasons stated in the application under section 5 of the Limitation At duly supported by affidavit, delay of 65 days is condoned. The application stands disposed of.

Heard on the question of admission.

It is conceded by the learned Additional Advocate Signature Not Verified General that the matter is squarely covered by the Digitally signed by N Di arm tea : l 2a 0 N 25e .g 0i 7.29 decisions of this Court in Devi Singh vs. State of

17:45:14 IST Reason:

Rajasthan & Others [ 2004 WLC (Raj.) U.C.327 ]; State & Anr. vs. Bheem Singh [2009 WLC (Raj.) UC 8] and Prabhu Lal Meghwal vs. State of Rajasthan & Ors.

[ S.B.Civil Writ Petition No. 9536/2005 ], wherein it has been laid down that punishment of censure awarded will not come in the way for grant of selection grade to the incumbent.

In light of the aforesaid decisions, the intra court appeal stands dismissed. Stay application also stands dismissed.”

3. The question before the High court was whether the respondent, who was a Sub Inspector at the relevant point of time, was liable to be granted selection grade, which is given after a satisfactory period of service, on completion of 9, 19 and 27 years, respectively. It is an admitted fact that in his entire service of about 34 years, as we have been informed, the respondent has never got even one selection grade. The reason for this, which is evident from the documents which have been placed before this Court, is that the respondent was not only getting censure(s) {so far he has been given 29 censure(s)} but also that the respondent has been given 5 major penalties, according to the appellant. Meanwhile, at some point of time, he has also been promoted to the rank of Inspector, and since promotion in service is counted as a rupture as far as grant of selection grade is concerned. The High Court unfortunately, has not gone into any such aspect and has only granted relief to the respondent on an admission by the Additional Advocate General that in another case, the Division Bench of the High Court of Rajasthan has held that punishment of censure will not dis-entitle the person from getting a selection grade.

4. As far as this proposition of law is concerned, we have our doubts. Although it cannot totally bar a person from grant of selection grade, but it can delay the grant of promotion.

5. In any case, we do not think that all aspects of the matter have been dealt with by the High Court before a decision has been given as to the grant of selection grade to the respondent.

6. Under these circumstances, we set aside the order of the High Court and remand the matter to the High Court with a request to look into the matter again after hearing both the parties.

7. Since the respondent is a senior citizen and is 75 years of age, as we have been informed, we also request the High Court to decide the matter as expeditiously as possible considering the age of the respondent, and preferably within a period of six months from today.

8. The present appeal is disposed of in the above terms.

9. Pending application(s), if any shall also stand disposed of. Interim orders, if any, shall stand vacated.

...…..............J.

[SUDHANSHU DHULIA]

...................J.

[ARAVIND KUMAR]

New Delhi;

July 24, 2025.

ITEM NO.105 COURT NO.8 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO(S). 801