S.B. DOGRA versus STATE OF HIMACHAL PRADESH AND ORS.

Citation: [1992] SUPP. 1 S.C.R. 825 · Decided: 24-09-1992 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

S.B. DOGRA 
v. 
STATE OF HIMACHAL PRADESH AND ORS. 
SEPTEMBER 24, 1992 
(A.M. AHMADI AND K. RAMASWAMY, JJ.) 
State of Himachal Pradesh Act 1970: Sec. 40(1)-Himachal Pradesh 
Police Rules 1973-Rule 18(C) Indian Police Service (Appointment by 
Promotion) Regulations 1955. 
Demobilised A1111ed Forces Personnel (Reservation of Vacancies in the 
Himachal Pradesh State Non-Technical Services) Rules 1972, Rule 5(1) 
Delhi, Himacha/.Pradesli ·and Andaman and Nicobar ls/ands Police Service 
Rules, Rule 20 
Select list of l.P.S officers of Himachal Pradesh State-Fixation of 
interse seniority-DHANI service officer and officer appointed against vacan-
cy reserved for 'Demobilised A1111ed Forces Personnel' in H.P. State. Seniority 
List-Not to be disturbed by Coult after a long lapse of time. 
A 
B 
c 
D 
The State of Himachal Pradesh was established under the provisions E 
of the State of Himachal Pradesh Act, 1970 with effect from January 25, 
1971. The H.P. Police Service was constituted under Section 40(1) of the 
said Act by drawing personnel.from the l)HANI Police service. Sub-section 
(6) of the said Section provided that the rules and regulations applicable 
to members of the DHANI Police Service as in force immediately before F 
January 25, 1971 shall apply until altered, repealed or amended. The H.P. 
Police Rules, 1973 came to be framed and were promulgated with effect 
from March 13, 1973. 
The H.P. Police Service, thus comprised of: (I) those members who G 
were allotted to this service by the Central Government under Section 
40(4) of the State of Hlmachal Pradesh Act, 1970, (II) those members of 
the erstwhile DHANI Service who were Inducted In this service after 
January 25, 1971 and before the 1973 Rules were promulpted, and (Ill) 
those members who came to be Inducted in the service after the 1973 Roles 
came into force. 
825 
H 
826 
SUPREMECOURTREPORTS (1992]SUPP.1S.C.R. 
A 
Respondent No.S • Durga Shankar Amist-filed a Writ Petition lo the 
High Court challenging his exclusion from the Select List for IPS omcers 
and the inclusion of the appellant in the said list. He contended that be 
joined service as Deputy Superintendent of Police against a regular and 
permanent ,vacancy on November 22, 1967 in the erstwhile Joint Union 
B Territories Cadre • DHANI Police Service. On his clearing the All-India 
Competitive Examination conducted by the UPSC in 1965 be. was allocated 
to the State of Himacbal Pradesh of January 25, 1971. Ile was confirmed 
In service on Se_ptember 24, 1971, placed in the selection grade with effect 
from May 4, 1973 and confirmed on June 24, 1974. He was sent on 
deputation to the Government of India in April, 1978, later transferred to 
C Delhi where served till September, 1981 and on his return to his parent 
cadre lo June, 1982 was appointed as a Commandant in the police Bat· 
talion in a eadre post where he served upto November 14, 1982. 
His nam~ was Included by the Selection Committee which met on 
D October 25, 1977 in the Select List of officers found suitable for promotion 
to the IPS and his name remained on the Select List from 1977 to 1981 bnt 
in the year 1982 bis name came to be removed whereas the names of the 
two other omcers, the appellant, and one B.C. Negi were included In the 
Select List. 
E 
The appellant - S.8. Dogra • who was respondent No.3 in the 
aforesaid Writ Petition was selected for an Emergency Commission In the 
Indian Army in April 1963 and after successful completion of training was 
commissioned in September 1963. Later, in May 1967 he was appointed 
DSP in the ITBP, a Government nr ln.:ia Class-I post and on being relieved 
F from the Indian Army was permanen!ly .1bsor:icd in the ITBP in Novem· 
ber, 1967. He was allocated to the State Police Service with effect from 
January 25, 1971. He cleared the Hlmachal Pradesh State Service Ex-
amination In the second attempt in 1975 and was appointed against the 
vacancy resen-ed for 'Demobilised Armed Forces Personnel' under the 
Demooillsed Armed Forces Personnel (Reservation of Vacanc:ies in the 
G Himachal Pradesh State Non-Technical Services) Rules, 1972. 
Another omcer, B.C. Negi • Respondent No.5 in the Tribunal 
belonged to a Scheduled Tribe. He appeared in the all- India combined 
competitive examination held by the UPSC in 1965 and was olTered ap· 
H pointment to a Grade II post in the DHANI service, which he accepted and 
S.B.DOGRA v. STATE OF H.P. 
827 
was appointed on probation with effect from
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