AI Structured Summary
Not yet generated for this judgment
Judgment
Gurvinder Singh Gill, J
The petitioner seeks issuance of a writ in the nature of Mandamus so as to direct the respondents to consider his claim for promotion as Deputy Superintendent of Police.
The petitioner had initially been appointed as Assistant Sub Inspector on 18.8.1992 and was promoted as Sub-Inspector on 28.09.2001 and thereafter was promoted as Inspector on 06.07.2011. Subsequently, for the purpose of promotion to the post of Deputy Superintendent of Police, a meeting of Departmental Promotion Committee was held on 14.12.2018 wherein the name of the petitioner was duly considered but his result was kept in sealed cover whereas his juniors were ordered to be promoted vide order dated 25.01.2019. The name of the petitioner was again considered in the meeting of next Departmental Promotion Committee held on 5.10.2020 but again his name was kept in a sealed cover whereas more of his juniors came to be promoted as Deputy Superintendent of Police on 5.10.2020.
It has been submitted that a criminal case had been registered against the petitioner i.e. FIR No. 130, dated 21.10.2015, Police Station Bajakhana, District Faridkot, under Sections 302, 307, 218, 201, 166-A, 120-B, 34, 194, 195, 109 IPC and Sections 25/27 of Arms Act and wherein upon investigation his name had been deleted from the array of accused and he has been cited as a prosecution witness.
It has further been submitted that although three different departmental inquiries had also been initiated against the petitioner, but he stands exonerated in all three inquiries as would be evident from orders dated 19.8.2019, 19.10.2020 and 30.1.2021 (Annexures P-6 to P-8) and that as on date neither any criminal case is pending against the petitioner nor any departmental proceedings are pending.
It has further been submitted that recently another meeting of the Departmental Promotion Committee had taken place on 20.12.2022 (Annexure P-4) wherein also the name of the petitioner was considered but he has not been promoted and his case has been referred to personnel department. Learned counsel submits that his case for promotion is unnecessarily been deferred or delayed whereas there is nothing adverse against him to withhold his promotion.
It has further been submitted that although the petitioner has submitted representation dated 5.4.2023 (Annexure P-11) but to no avail.
Notice of motion.
Upon an advance copy of petition having been served upon respondents, Mr. Inderpreet Singh Kang, AAG, Punjab has put in appearance on behalf of the respondents and accepts notice.
Having regard to the fact that the representation dated 5.4.2023 (Annexure P- 11) is still pending with the authorities concerned and has not been disposed of and the process of promotion of more Deputy Superintendent of Police is still stated to be going on, the instant petition is disposed of with a direction to the authorities concerned (respondents) to consider representation dated 5.4.2023 (Annexure P-11) in accordance with law expeditiously by passing a speaking order. In case, conveniently possible, the same be disposed of while considering the case of promotion of other Deputy Superintendent of Police.
A copy of this order along with copy of representation dated 5.4.2023 (Annexure P-11) be sent to the authorities concerned (respondents) to do the needful.