Summary
A constable sought retrospective promotion under the outstanding-performance quota because the Superintendent’s earlier recommendation had not been approved by the Inspector General. The Court held that the recommendation was provisional and subject to scrutiny, approval and statewide comparative selection. The later acceptance of the same achievements did not establish arbitrariness in an earlier year, when the competing candidates differed. Finding no illegality in the selection process, the Court dismissed the appeal.
Issues
- Whether the Inspector General could withhold approval of a departmental recommendation for the outstanding-performance quota.
- Whether later promotion on the same achievements established a right to retrospective promotion.
Provisions considered
- Rule 13.7(9) and (14), Punjab Police Rules, 1934, as applicable in HaryanaThe district recommendation required IG/DIG scrutiny and approval before statewide comparative selection by the central committee. (¶ 6.2-8.2)
Held
- The departmental committee’s list was expressly not final until approved by the IG/DIG. The controlling officer could scrutinise correctness, seek clarification, return it for correction and withhold approval if unsatisfied. The officer’s role was not merely mechanical forwarding. (¶ 6.2-8.2)
- Selection within the 10 per cent quota required successive scrutiny and sufficiently high statewide comparative merit. Initial recommendation alone did not create a right to promotion. (¶ 7-8.2)
- Relative merit and the competitive field vary yearly. Achievements insufficient for selection in one year could justify selection later; subsequent approval did not establish entitlement in the earlier year. The courts properly declined to substitute their assessment of individual comparative merit. (¶ 8.3-8.4)
- No illegality or arbitrariness in the selection process was established. The refusal of retrospective promotion was left undisturbed and the appeal dismissed. (¶ 9)
Result
Appeal dismissed; no retrospective promotion directed; parties to bear their own costs.