Allahabad High Court
Kamal Kumar (Constable-P.N.O. ... vs State Of U.P. And Others on 6 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 6795 of 2021
Petitioner :- Kamal Kumar (Constable-P.N.O. No. 982091137)
Respondent :- State of U.P. and Others
Counsel for Petitioner :- Bairister Singh
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri K.R. Singh, learned Addl. Chief Standing Counsel.
Present writ petition has been preferred assailing the validity of the impugned order dated 28.7.2013 passed by fourth respondent i.e. Superintendent of Police, Ballia inflicting censure entry against the petitioner and for a direction to respondents to consider the case of the petitioner for promotion on the post of Head Constable (Civil Police) ignoring the punishment order dated 28.7.2013.
Learned counsel for the petitioner states that at present, he is not pressing first relief for quashing the order impugned, whereby the petitioner has been accorded censure entry, as five years have passed since the date of adverse/censure order dated 28.7.2013, under Rule 4(b)(iv) of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 wherein minor punishment so awarded to the employee can be considered for promotion after 5 years from the date of adverse/censure entry so awarded. He has placed reliance upon a decision passed by a coordinate Bench of this Court in batch of writ petitions, leading of which is Writ-A No.7959 of 2019, wherein this Court observed as under;
"12. The observations of this Court in the case of Head Constable Ram Babu (supra) appears to have been followed in the subsequent judgment of this Court in the case of Anil Kumar (supra). In the case of Anil Kumar (supra) also reference is made to circular dated 19.10.2015. This circular has been annexed alongwith counter affidavit filed in the present petition. The circular runs into 11 pages and refers to various pleas made before the Tribunal and also the orders passed by the Tribunal. Having referred to all such facts in the letter dated 19.10.2015 the ultimate prayer made is to grant permission to the department for filing writ petition before the Lucknow Bench. This order, therefore, cannot be treated to be laying down any principle or policy restricting relevance of adverse material only for a period of three years, for the purposes of considering a police personnel for promotion to the next higher post. The guiding principles which are laid down in the applicable circular remains in tune with the Government Order dated 30.6.1993, which is five years and not three years. Petitioners, therefore, would not be justified in seeking consideration of their claim for promotion relying upon the alleged circular dated 19.10.2015. It is otherwise not shown that a period of five years had expired since passing of order awarding censure entry to the petitioners on the date of consideration of their claim for promotion.
In this backdrop, it is submitted that at present, the petitioner is eligible for consideration of promotion on the post of Head Constable and he is pressing only second relief for consideration of his case for promotion.
So far as factual and legal aspect of the matter is concerned, the same is not disputed by Shri K.R. Singh, learned Additional Chief Standing Counsel.
Considering the facts and circumstances of the case and with consent, the writ petition stands disposed of asking the competent authority to consider the claim of the petitioner and take final call in accordance with law within two months from the date of production of certified copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.7.2021
RKP
