SUSHIL KUMAR versus THE STATE OF HARYANA & ORS

SUSHIL KUMAR versus THE STATE OF HARYANA & ORS

Under Rule 13.7 of the Punjab Police Rules, 1934, the DPC's list B-1 is provisional and not final until approved by the IG/DIG who has express power to scrutinize, seek clarifications, refer the list back and withhold approval; selection under the 10% quota requires state-level comparative merit and therefore the...

Source-derived case information.

Parties
Appellant: Sushil Kumar; Respondent: The State of Haryana & Ors.
Jurisdiction
India
Judgment Date
19 January 2022
Procedural Posture
Civil Appeal / Arising Out of the Final Judgment and Order Dated 29.07.2015 of the High Court of Punjab and Haryana at Chandigarh in LPA No. 1910 of 2011
Outcome
Appeal dismissed
Legal Topics
Promotion to Head Constable, Departmental Promotion Committee, Punjab Police Rules, 1934, Rule 13.7, 10% Quota for Outstanding Performance, Retrospective Promotion
Service Law Police Law Administrative Law Promotion to Head Constable Departmental Promotion Committee Punjab Police Rules, 1934, Rule 13.7 10% Quota for Outstanding Performance Retrospective Promotion

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Parties

Sushil Kumar

Appellant

The State of Haryana & Ors.

Respondent

Procedural Posture

Civil Appeal / Arising Out of the Final Judgment and Order Dated 29.07.2015 of the High Court of Punjab and Haryana at Chandigarh in LPA No. 1910 of 2011

Legal Issues

  1. 1 Whether the recommendation of the District Departmental Promotion Committee (DPC) headed by the Superintendent of Police is final or provisional pending approval of the Inspector General of Police
  2. 2 Whether the Inspector General of Police has power to review, seek clarifications, refer back or withhold approval of list B-1 prepared by the DPC under Rule 13.7
  3. 3 Whether a candidate acquires a right to retrospective promotion by virtue of a DPC recommendation that was not approved by the IG

Ratio Decidendi

Under Rule 13.7 of the Punjab Police Rules, 1934, the DPC's list B-1 is provisional and not final until approved by the IG/DIG who has express power to scrutinize, seek clarifications, refer the list back and withhold approval; selection under the 10% quota requires state-level comparative merit and therefore the appellant had no indefeasible right to promotion in 2004 and is not entitled to retrospective promotion for that year.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Parties to bear their own costs