Singh Vs. State of Haryana & Ors  INSC 1562 (9 December 1996)
Civil Appeal No. 16847..../96 (Arising out of SLP (c) No.19421/96)
O R D
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.
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:
the above order this appeal is also dismissed.