Court No. - 37
Case :- WRIT - A No. - 6768 of 2018 Petitioner :- Ravikant Rai Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs And 3 Ors.
Counsel for Petitioner :- Amrit Raj Chaurasiya Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri Amrit Raj Chaurasiya, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
With the consent of the learned counsel for the parties, this writ petition is being finally decided at this stage.
By means of this writ petition the petitioner has challenged the promotional list of Sub-Inspector (Ranker).
The promotional list of Sub-Inspector (Ranker) sent for approval on 27.12.2017 to the Director General of Police. The said promotional list was prepared pursuant to selection held for promotion from Constable to Sub-Inspector (Ranker) in 2011. The petitioner succeeded in the selection, but he was not promoted on the ground that he was awarded a bad entry in 2006. The entry that was stated to be a bad entry in the service book is withholding of integrity.
Learned counsel for the petitioner has relied upon a decision of the Supreme Court in the case of Vijay Singh Vs. State of U.P. and others reported in 2012 (3) AWC 3011 wherein it has been held that under the U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 withholding of integrity is not a punishment and, therefore, such a punishment cannot be given to an employee.
That being the case, the petitioner's promotion could not have been withheld on account of entry given in the service book in 2006.
Learned Standing Counsel does not dispute the fact that such a punishment is not contemplated in the 1991 Rules and in view of the decision of Supreme Court in the case of Vijay Singh's case (supra) the petitioner's claim has to be considered.
In similar circumstances, Writ Petition No. 49071 of 2012 (Constable Abdul Kadir Khan and another Vs. State of U.P. and others) has also been decided on 22.3.2013.
That being the case, the claim of the petitioner is squarely covered by the decision of the Supreme Court in the case of Vijay Singh as well as decision of this Court in the case of Constable Abdul Kadir Khan and the writ petition is allowed in the same terms and the petitioner, if there is no other legal impediment, be sent for training.
Order Date :- 26.2.2018 SKM