S.I. PARAS KUMAR AND ORS. versus S.I. RAM CHARAN AND ORS.

Citation: [2004] 3 S.C.R. 1207 · Decided: 12-04-2004 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Disposed off
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Judgment (excerpt)

j 
S.I. PARAS KUMAR AND ORS. 
A 
v. 
S.l. RAM CHARAN AND ORS. 
APRIL 12, 2004 
[S. RAJENDRA BABU, RUMA PAL AND B.P. SINGH, JJ.] 
B 
Service Law: 
Indian Police Act, 1861-Sections 2 and 12: 
c 
Punjab Police Rules, 1934-Rules 13.2A, 13.8(2) and 13.3(1): 
Promotion-Given out of turn-Based on courage and outstanding 
performance in sports-Granted by Circulars and Guidelines issued by DGP-
Proposal of 'Own Rank and Pay' (ORP) Scheme by State to encourage and 
reward good work-Held: Grant of such promotion :not permissible as the D 
same is beyond the purview of the Rules-Hence ultra vires Section 2 of the 
Act-Though it cannot be treated as regular promotion, but can be treated as 
grant of higher rank in exercise of Section 12-Hence the promotions not 
falling under the Rules, could be granted under ORP Scheme-However, the 
Gazetted Police Officers cannot come under the Scheme as the power to E 
promote such officers vests with local Government. 
Promotion to non-existent post-Jn view of long service-Held: such 
promotion "is not permissible unless the post is created-However, in view of 
long service of the official, promotion is not disturbed-Government directed 
to regularize the appointment. 
F 
As per Circular and Guidelines issued by Director General of Police 
of Punjab, out of turn promotion was given to the police personnel of the 
rank of constables, inspectors and Deputy Superintendent of Police based 
upon their courage displayed during anti terrorist operations or 
outstanding performance in sports. It was mentioned in the Guideline that G 
though there was nQ provision in the Punjab Police Rules, 1934 for ad-
' 
hoc promotion, it was necessary that they be given one rank promotion 
on ad-hoc basis. Aggrieved by the out of turn promotion respondents 
herein filed Writ Petition in High Court. Some other police officials who 
1207 
H 
1208 
SUPREME COURT REPORTS 
(2004] 3 S. C.R. 
A got out of turn promotion were ordered to be reverted to the original rank. 
They filed other Writ Petitions before High Court. A Constable (Dog 
Handler) was promoted as Head Constable (Dog Handler) after 18 years 
of service. He was reverted by the authorities on the ground that his 
promotion was out of turn. High Court disposing of the Writ Petitions 
B directed the authorities to draw working seniority. It ordered that none 
of the police officials would be reverted below the rank of Head Constable. 
But, if they were found to be beyond 10% quota meant under Rule 13.8(2) 
of Punjab Police Rules, 1934 they could be reverted even below the rank 
of Head Constable. In ·case of reversion order of Constable (Dog Handler), 
High Court held that his promotion was not out of turn as in his promotion 
C no one senior to him was promoted. Hence the present appeals. According 
to the order passed by this Court during hearing of the cases, the State, 
in order to regularize its action, proposed the "Own Rank and Pay" Policy 
(ORP). 
D 
E 
Disposing of the appeals, the Court, 
HELD: I. Promotions could be made only under Section 2 of Indian 
Police Act, 1861 and no other procedure could be adopted for effecting 
promotion. Since the Punjab Police Rules, 1934 are framed under Section 
2 of the Police Act, the promotion could be made only by following the 
procedure established under the relevant Rules. No promotions could be 
made by any procedure outside the scope of Section 2 of the Police Act. 
Ram Sharan v. DIG of Police, Ajmer, AIR (1964) SC 1559 and State 
of Rajasthan v. Ram Sharan, AIR (1964) SC 1361, referred to. (1220-A-Bl 
2. In the instant case since the impugned promotions are not made 
F under Punjab Police Rules, 1934 and as a result, those promotions are ultra 
vi res Section 2 of the Police Act. Here, the powers exercised by the DGP 
could only be traced from Section 12 of the Police Act. Powers under 
Section 2 extend to administrative or organizational matters and the 
authority for promotion is not vested with the DGP. As per the scheme 
G of the Police Act only the State Government is empowered to determine 
promotional aspects. Therefore, the impugned promotion made by the 
DGP cannot be treated as regular promotion under Chapter 13 of the 
Punjab Police. The adhoc promotion carried out in the instant case is only 
ornamental in nature. (1220-B-DI 
H 
3. Though the regular promotion could not be made by the DGP, 
J 
S.I. P. KUMAR v. S.l.R. CHARAN 
1209 
he can definitely forge some methods under Section 12 of the Poli
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