Balraj Singh Constable vs State of Punjab and Others

A.L. Bahri, J.—The only grouse of the petitioner is that in spite of the fact that he was selected by the Departmental Promotion Committee in the Lower School Promotion Test, he has not been sent for the Course starting from October 15, 1991, as required under Rule 13.7 of the Punjab Police Rules.

The stand of the respondents is that since the petitioner was placed under suspension on account of having caused an accident while working as a driver, he has not been sent to the Course. Reliance has been placed on Rule 13.8-A of the Punjab Police Rules.

After hearing the counsel for the parties, we are of the view that the stand taken by the State is not sustainable in law. Attending the Course under Rule 13.7 of the Punjab Police Rules is a step towards promotion. Actual promotion is made subsequently. There is no restriction contained in Rule 13.7 that a person who has been placed under suspension can be kept back. Rule 13.8-A of the Punjab Police Rules, on which reliance has been placed by the State, reads as under:-

"13.8-A. Disqualification for admission to or retention in Lists A, B or C.-(1) The infliction of any major punishment shall be a bar to admission to or retention in lists A, B and C, provided that (a) for special reasons to be recorded by the Superintendent in each case, and subject to confirmation by the Deputy Inspector-General, this disqualification may be waived and (b) after six months'' continuous good conduct in the case of censure or confinement to quarters or on expiry of the period of reduction in the case of reduction for a specified period, a constable may be readmitted at the discretion of the Superintendent."

A perusal of the above rule would show that it is only after infliction of the major punishment that it would operate as a bar for admission to or retention in lists A, B and C, as provided under the Punjab Police Rules, which is maintained for promotional purposes. The stage will only come when any major punishment is imposed on a Police Officer and not at the stage of suspension. Suspension per se is not punishment and it cannot have any effect on the rights of the Constables to attend the Lower School Course , as stated above.

For the reasons recorded above, this writ petition is allowed with the direction to the respondents to send the petitioner forthwith to attend the Course which started in October 1991. It is left to the authorities to pass appropriate orders on the question of promotion at the relevant stage, keeping in view the observations aforesaid and the rules on the subject.

There will be no order as to costs.