Full Judgment Text
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PETITIONER:
DHIRENDER SINGH ETC.
Vs.
RESPONDENT:
STATE OF HARYANA & ORS.
DATE OF JUDGMENT: 09/12/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
with
Civil Appeal No. 16847..../96
(Arising out of SLP (c) No.19421/96)
O R D E R
Leave granted.
In the counter affidavit filed by the respondents it is
stated that the Superintendent of Police had promoted the
appellant in the sports quota in view of the outstanding
performance in sports, namely, wrestling, on January 16,
1990 on ad hoc basis against an upgraded vacancy. It is
also stated that it was clearly mentioned in the order of
appointment that the appellant could be reverted at any time
without any notice and that he would have no right to
seniority in the post. Learned counsel for the appellant has
relied upon the judgment of this Court in Rishal Singh v.
State of Haryana & Ors. [JT 1994 (2) SCC 157]. Therein
promotion was given by the D.I.G. to the appellant due to
his outstanding merit in sports relying upon Rule 13.8 (2)
of Punjab Police Rule, 4734. This Court had held that since
the D.I.G. was competent authority to make appointment by
promotion and having considered the appellant therein as an
outstanding sportsperson had promoted him; it was done in
terms of Rule 13.8 (2) of the Rules giving power to grant
any temporary promotion; the promotion, therefore, though
termed to be a temporary promotion, was in effect a regular
promotion. Under those circumstances, it was held that his
reversion as Constable was bad in law. Admittedly, in this
case, the Superintendent of Police has promoted him and no
approval of DIG was obtained. Under those circumstances, the
ratio therein has no application to the facts. We do not
find any ground warranting interference with the order
passed by the High Court.
The appeal is accordingly dismissed. No cost. If the
appellant is otherwise eligible, this order of dismissal
does not stand in his way for consideration of his case
according to rules.
C.A. 16847/96 .@ SLP (C) 19421/96:
Leave granted. Following the above order this appeal is
also dismissed. No costs.
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