High CourtsSingle Bench(2024) 05 P&H CK 0093

Sukhjinder Singh vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 27 May 2024

HON’BLE JUDGES
Jagmohan Bansal, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 11383 Of 2024

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Judgment

11 paragraphs · 327 words

Jagmohan Bansal, J

1.

The petitioner through instant petition under Articles 226/227 of the Constitutioon of India is seeking directioon to respondents to grant him ‘Local Rank’ of Inspector.

2.

This Court on 16.05.2024 passed the following order:-

“Learned counsel for the petitioner inter alia contends that respondent by communiccation dated 03.05.2024 (Annexure P-8) has intimated that his caase for local rank of Inspector has been forwarded to Director General of Police. The respondent has not taken any decision and petitioner is going to voluntarily retire on 31.05.20024.

Notice of motion, returrnable for 27.05.2024.

Mr. Aman Dhir, DAG,, Punjab, who on advance notice is present in Court, accepts notice and waives service. He seeks time to get instructions.

In view of communnication dated 03.05.2024, the respondents are hereby diirected to take an appropriate decision before the adjourned date. To be shown in the urgent list.”

3.

Mr. Aman Dhir, Deputy Advocate General, Punjab submits that petitioner, who is Sub-Inspector, was not promoted on account of pending departmental inquiry which concluded on 23.04.2024. The proceedings were dropped, thus,, petitioner became entitled to promotion, however, before his case could be finalized, another departmental proceeding came to be initiated on 07.05.2024.

4.

On being asked, Mr. Aman Dhir confirms that department has formed an opinion to initiate proceedings, however, till date neither show cause notice nor charge sheet has been served upon the petitioner. He further concedes that promotion is not going to financcially affect the petitioner and it would simply give him higher rank.

5.

Considering the fact that petiitioner is going to retire on 31.05.2024 annd assigning of Local Rank of Inspector is neither financially affecting him nor State Government, the respondent is directed to sympatheticallly consider case of the petitioner for the rank of Inspector (Local Rank). The resspondent shall also keep in mind that petitioner till the filing of present petition was neither served show causee notice nor charge sheet.

6.

Disposed of in above terms.