High Court of Punjab and HaryanaCOCP/3887/2017disposed of

Om Parkash v. N.S Kalsi & ORS

2018-02-19Mr. Justice S.P. Bangarh2 pages

COCP 3887/2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH COCP 3887/2017 Date of decision:19.02.2018.

Om Parkash ..............Petitioner v.

N.S.Kalsi and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.GPS Bal,Advocate for the petitioner Mr.Manoj Bajaj,Addl.AG Punjab with ASI Nirmal Singh o/o DGP Punjab.

Jaswant Singh,J,(Oral).

The petitioner was recruited as a Constable under the Sports Quota being a National Level Water Polo player with the Punjab Armed Police (for short PAP) in the year 1983. He could not pass the BI test for earning promotion to the post of Head Constable. However, he was granted promotion as Head Constable in the year 1991 as an exemptee and granted list C-II under 10% quota reserved for such like Constables. Upon exercise conducted in the year 2001 it was discovered that there were many exemptee Constables who were granted promotion as Head Constables beyond the quota of 10% at the relevant time. Accordingly, the date of assigning for out of turn promotion was changed from 1992 to the year 2001. Petitioner alongwith others is averred to have litigated such reassignment and finally after rounds of 2-3 litigation, an order dated 10.11.2016 (P-1) was passed by this Court directing the Officers' Committee Rajinder Parshad Joshi 2018.02.19 17:04 I attest to the accuracy and integrity of this document

COCP 3887/2017 constituted for examining such out of turn promotions to the exemptee police officers to decide the claim of the petitioner in view of his alleged juniors having been granted promotion prior in time than the better claim of the petitioner. Since the needful was not done within the stipulated time hence the present contempt.

Learned State counsel on instructions from ASI Nirmal Singh office of DGP Punjab states that the Officers' Committee has examined the case of the petitioner and submitted its report/recommendation on 16.2.2018 to the DGP for passing of necessary speaking order. It is thus urged that the directions contained in the order dated 10.11.2016 stand complied with. In view of the above no further proceedings in the instant contempt are warranted. It is hoped that the DGP would take appropriate decision expeditiously based on the recommendations of the Officers' Committee. Petitioner would be free to take appropriate legal recourse in accordance with law.

19.02.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.02.19 17:04 I attest to the accuracy and integrity of this document