Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 15038 (PNJ)

HARMESH SINGH v. STATE OF HARYANA AND ORS.

CWP/13303/2002 · 2025-09-05

Jagmohan Bansal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

337 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-13303-2002 (O&M) Date of Decision: 05.09.2025 Harmesh Singh ...Petitioner Versus State of Haryana and Others ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Ashwani Verma, Advocate for the petitioner. Mr. Suneel Ranga, DAG, Haryana. **** JAGMOHAN BANSAL, J. (ORAL) 1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 15.04.2002 whereby respondent No.4 was granted out of turn promotion. 2. The petitioner joined Haryana Police Force as Constable on 06.01.1962. He was promoted as Head Constable on 21.09.1971. His promotion was confirmed on 01.01.1979. He was promoted as Assistant Sub Inspector (ASI) on 08.09.1981 and his promotion was confirmed on 31.01.1985. He was brought on List-E on 01.04.1986. He was promoted as Sub Inspector (SI) on 10.11.1987. He was brought on List-F on 15.09.1993. He was promoted as Inspector on 24.11.1985. He retired as Inspector on 31.10.2001. 3. Learned counsel representing the petitioner submits that respondent No.4 was given out of turn promotion. He had joined service on 11.10.1971. His promotion as Head Constable and ASI took place after the date of promotion of the petitioner. Respondent No.4 was brought on List-F on 14.01.1994. Though respondent No.4 was brought on List-F on PRINCE CHAWLA 2025.09.05 17:56 I attest to the accuracy and integrity of this document CWP-13303-2002 (O&M) -2- 14.01.1994 still he was promoted as Inspector w.e.f. 14.06.1994 by order dated 27.11.2000. The petitioner was brought on List-F on 15.09.1993, thus, he was senior to respondent No.4 still respondent No.4 was promoted prior to promotion of the petitioner. 4. From the perusal of impugned order, it is evident that respondent No.4 was granted out of turn promotion because he apprehended three dreaded terrorists. His act and conduct was considered as exceptional, courageous and gallant. Respondent No.4 was promoted because of his act of bravery. The petitioner is claiming that respondent despite being junior was promoted out of turn. The respondent has power to grant out of turn promotion in terms of Rule 13.21 of Punjab Police Rules, 1934 (as applicable to State of Haryana) (in short ‘PPR’). The power is not disputed. Thus, petitioner cannot claim that he should be promoted prior to respondent No.4. The petitioner has passed away and he is claiming promotion w.e.f. 1994. 5. The petition stands disposed of with the direction to respondent to consider whether respondent No.4 was granted promotion as Inspector on account of his bravery or promotion to the rank of Inspector was in normal course. If it is found that promotion of respondent No.4 as Inspector was not on account of his act of bravery, the claim of petitioner would be reconsidered. 6. Pending application(s), if any, shall also stand disposed of. (JAGMOHAN BANSAL) JUDGE 05.09.2025 Prince Chawla Whether Speaking/reasoned Yes/No Whether Reportable Yes/No PRINCE CHAWLA 2025.09.05 17:56 I attest to the accuracy and integrity of this document