Wednesday, Nov 26, 2014

HC scanner on out of turn promotions

PWD Minister Shivpal Singh Yadav during a surprise inspection of government offices at Indira Bhavan, in Lucknow on Monday. PWD Minister Shivpal Singh Yadav during a surprise inspection of government offices at Indira Bhavan, in Lucknow on Monday.
Written by Prashant Pandey | Allahabad | Posted: January 14, 2014 6:03 am

The Allahabad High Court on Monday directed the Principal Secretary (Home) and Director General of Police (DGP) to constitute a committee to find out, whether any out of turn promotions in the police force have been allowed after the latest rules relating to promotion of constables, head constables, sub-inspectors and inspectors were notified on December 12, 2008.

In such cases, the court directed, the orders would be recalled after giving due hearing to the beneficiaries. The court has given six months for the exercise to be completed.

Passing the order, a single judge bench of Justice Sudhir Agarwal, rejected two separate petitions — one each by Constable Prem Kumar Upadhyaya and Sub-Inspector Kandwa Kumar Mishra.

Both Upadhyaya and Mishra had challenged the state government’s decisions not to allow ‘out of turn promotions’ to them. They had stated that they were eligible for the same under two government orders (GOs) of February 3, 1994, and a DGP’s circular of January 2, 1998.

Following rejection, counsels for the petitioners — Vijay Gautam and Sanjay Kumar — submitted that there were personnel, who were enjoying the benefits of out of turn promotions.  They also submitted a few examples before the court and argued that allowing others to continue with the privileges would be denial of natural justice to the petitioners. Also, if promotions without rules were allowed, it would lead to indiscipline in the force, it was argued.

The court said that it was well settled in the law that nobody can claim parity on an illegal aspect as “two wrongs will not make one right.”

Nevertheless, the bench found “some substance in the submission (that discipline must be maintained within the force)” and  issued a direction to the Principle Secretary (Home) and the DGP to constitute a committee “to find out, whether any ‘out of turn’ promotion has/ have been allowed, after enforcement of C&HC Rules 2008 and SI&I Rules 2008.”

The court added: “If such appointment(s) has/have been made, though it is impermissible in law, appropriate correcting measures shall immediately be taken by recalling such orders.”

Earlier, first petitioner Upadhyaya had been recommended for ‘out of turn’ promotion by the then SSP (Mathura) on December 12, 2003, for his achievements in sports and athletics. His recommendation was rejected in 2009 by the DGP.

The court rejected his petition on the ground of not meeting the eligibility criteria as per two GOs and the DGP’s circular of 1994 and 199, respectively.

Second petitioner Mishra had been recommended for ‘out of turn’ promotion thrice between 2008 and 2013. In Varanasi, he was involved in an encounter that led to killing of a shooter in 2008; in Chitrakoot he had arrested dreaded dacoit Kharag Singh in 2009 and, in 2013, he was involved in another encounter in Jaunpur.

However, the court rejected his petition on the ground that his recommendation came after the 2008 Rules were notified.

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