Basant Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5344 of 2021 • Basant Shukla S/o Late Shri Pooranlal Shukla, Aged About 61 Years R/o Police Line Quarter, Akaltara, Police Station And Tahsil Akaltara, District Janjgir Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Home/police, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, New Raipur, District Raipur (Chhattisgarh)

2. Inspector General Of Police (I.G.P.), Office Of Inspector General Of Police, Bilaspur Range, District Bilaspur Chhattisgarh.

3. Superintendent Of Police (Sp), Office Of Superintendent Of Police (Sp), Janjgir Champa District Janjgir Champa Chhattisgarh.

4. Dilip Kumar Shukla, Assistant Sub Inspector, Police Station City Kotwali, District Janjgir Champa Chhattisgarh.

---- Respondents For Petitioner :

Mr. Abhishek Pandey along with Ms. Deepika Sannat, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 06.10.2021

1. The present writ petition has been filed seeking for an appropriate direction to the respondents to consider the case of the petitioner for promotion from the post of Head Constable to the post of Assistant Sub Inspector.

2. According to the petitioner, when the previous promotion process was initiated, the petitioner became dis-entitled for promotion on account of two minor punishments being in operation i.e. the minor punishments dated 04.11.2016 and 01.08.2017 respectively.

3. The contention of the petitioner is that the rigor of both the aforesaid two

punishments has already come to an end and both the punishments being minor punishments, the petitioner would be thereafter entitled for promotion in accordance with the rules governing the field of promotion.

4. Counsel for the petitioner submits that since the rigor of both the punishments of the petitioner has come to an end on 30.06.2019, thereafter the petitioner being eligible, the respondent-authorities should take appropriate steps in considering the claim of the petitioner for promotion in accordance with the rules.

5. The State Counsel submits that unless there is any other hurdle in-terms-of the circular and guidelines governing the field of promotion, the case of the petitioner shall be considered for promotion as and when the next promotion process for filling up of the promotional post of ASI is undertaken.

6. Given the said submission made by the counsel for the parties, the writ petition is at this juncture disposed of expecting from the respondents No. 1 to 3 to take into consideration the claim of the petitioner for promotion in accordance with the rules, regulations and circulars governing the field of promotion as and when the next promotion process to the post of ASI (Assistant Sub Inspector) from the post of Head Constable is undertaken. Let this exercise be conducted in accordance with the rules at the earliest.

7. The present writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Jyoti