GURPREET SINGH BHULLAR AND ANR. versus UNION OF INDIA AND ORS.

GURPREET SINGH BHULLAR AND ANR. versus UNION OF INDIA AND ORS.

When a charge-sheet is filed against an officer, criminal proceedings are deemed pending against him as per Regulation 5(5) Explanation I, rendering him not entitled to promotion; the High Court erred in holding that charges must also be framed for such disentitlement. The appellants, being within the zone of...

Source-derived case information.

Parties
Appellant: Gurpreet Singh Bhullar; Respondent: Union of India; Respondent: State of Punjab; Respondent: U.P.S.C.; Respondent: Sukhmohinder Singh (Respondent No.5)
Jurisdiction
India
Judgment Date
08 March 2006
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Order Dated 3.8.2005 in C.w.p. No. 15847 CAT of 2004
Outcome
Appeal allowed
Legal Topics
Promotion in Indian Police Service, Departmental/criminal Proceedings and Promotion, Interpretation of Regulation 5(5) and 7(3) of IPS (appointment by Promotion) Regulations, 1955
Service Law Promotion in Indian Police Service Departmental/criminal Proceedings and Promotion Interpretation of Regulation 5(5) and 7(3) of IPS (appointment by Promotion) Regulations, 1955

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gurpreet Singh Bhullar

Appellant

Union of India

Respondent

State of Punjab

Respondent

U.P.S.C.

Respondent

Sukhmohinder Singh (Respondent No.5)

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Order Dated 3.8.2005 in C.w.p. No. 15847 CAT of 2004

Legal Issues

  1. 1 Whether pendency of a criminal case (post chargesheet filing) disentitles IPS promotion.
  2. 2 Interpretation of Regulation 5(5) Explanation I and Regulation 7(3) of IPS (Appointment by Promotion) Regulations, 1955.
  3. 3 Maintainability of appeal by aggrieved officers in the select list.

Ratio Decidendi

When a charge-sheet is filed against an officer, criminal proceedings are deemed pending against him as per Regulation 5(5) Explanation I, rendering him not entitled to promotion; the High Court erred in holding that charges must also be framed for such disentitlement. The appellants, being within the zone of consideration and adversely affected by respondent No.5's provisional inclusion, are aggrieved parties with locus standi to file the appeal.

Court Disposition

Appeal allowed

Orders

  • High Court order dated 3.8.2005 quashed and set aside.
  • Notification dated 30.9.2005 quashed.