Himachal Pradesh High Court
Raj Kumar Son Of Late Sh. Shiv vs State Of Himachal Pradesh on 13 September, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 13th DAY OF SEPTEMBER, 2022
BEFORE
.
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CIVIL WRIT PETITION (ORIGINAL APPLICATION)
No. 446 of 2019
Between:-
1. RAJ KUMAR SON OF LATE SH. SHIV
LAL, RESIDENT OF VILLAGE NAWAN,
PO BRACH, TEHSIL RAMPUR, DISTRICT
SHIMLA (HP).
2. MRS. ALKA THAKUR WIFE OF SH.
SANJEEV KUMAR, VILLAGE NAUN, PO
BHARARI,TEHSIL
r JOGINDERNAGAR,
DISTRICT MANDI, (HP).
3. MRS. SARITA VERMA WIFE OF SH.
RAMESH VERMA, RESIDENT OF
VILLAGE BANARI, PO CHUNNER,
TEHSIL THEOG, DISTRICT SHIMLA (HP).
4. SANDEEP KUMAR SON OF SH. DESH
RAJ CHAUDHARY, VPO OLD KANGRA,
TEHSIL & DISTRICT KANGRA, HP.
5. MRS. RAKSHA DEVI WIFE OF SH.
MANOJ DOGRA, VILLAGE BADA, PO
SANHOON, TEHSIL PALAMPUR,
DISTRICT KANGRA, (HP).
6. MRS. SHARDA SHARMA WIFE OF SH.
AJAY PRASHER, VPO BAIJNATH,
TEHSIL BAIJNATH, DISTRICT KANGRA,
(HP).
7. VISHAL SON OF LATE SH. JAGDEV
SINGH, VPO MALAHU, VIA PEHRA,
TEHSIL PALAMPUR, DISTRICT KANGRA
(HP).
...PETITIONERS
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(BY SHRI DILIP SHARMA, SENIOR
ADVOCATE, WITH SHRI MANISH SHARMA,
ADVOCATE)
.
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL
SECRETARY (HOME) TO THE
GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA-171002.
2. DIRECTOR GENERAL OF POLICE,
HIMACHAL PRADESH, SHIMLA-2.
3. DEPUTY INSPECTOR GENERAL
OF POLICE, POLICE TRAINING
COLLEGE, DAROH, PALAMPUR,
DISTRICT KANGRA, H.P.
4. LHC NARESH KUMAR, CID, STATE
CID, HP.
5. JANAM DEV, CONSTABLE NO.182,
DISTRICT KINNAUR.
6. DEEPAK KUMAR CONSTABLE
HP/IPS, SHIMLA.
7. UMESH KUMAR CONSTABLE
NO.519.
8. VISHAL SHARMA, CONSTABLE
NO.76, DISTRICT L&S.9.
9. SUMAN CONSTABLE NO. 322,
DISTRICT MANDI.
10. DEEPAK KUMAR CONSTABLE
NO.243, DISTRICT KINNAUR
11 HHC JOGINDER SINGH, STATE
CID.
12. SUBHASH CHAND, CONSTABLE
NO.295, DISTRICT SHIMLA.
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13. SANJEEV KUMAR CONSTABLE
NO. 214, DISTRICT BILASPUR.
.
14. RUPESH KUMAR CONSTABLE NO.
1058, DISTRICT KANGRA
15. SUSHIL KUMAR, CONSTABLE NO.
37, PTC DAROH.
16. GHAN SHYAM CONSTABLE
NO.757, IST I.R.BN.
17. SUSHEEL KUMAR CONSTABLE
NO.779,2ND LR.BN.
18. SANJEEV KUMAR, CONSTABLE
NO.758, DISTRICT SHIMLA.
19.
JAI RAM, CONSTABLE NO.440,
DISTRICT SHIMLA.
20 RAJEE KUMAR, CONSTABLE
NO.784, DISTRICT SHIMLA.
21 RAJEEV SHARMA CONSTABLE
NO.1137, DISTRICT KANGRA.
22. RAJEEV KUMAR CONSTABLE
NO.409, 2ND 1.R. BN.
23. OM PARKASH CONSTABLE NO.
548, DISTRICT SIRMOUR.
24 YASH PAUL, CONSTABLE NO.89,
L&S
25. BHAG SINGH, CONSTABLE
NO.788, IST BN. JUNGA
26. YASHPAL, CONSTABLE NO.405,
DISTRICT UNA.
27. MANISH KUMAR, CONSTABLE NO.
262, DISTRICT SOLAN
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28. JAGJEEVAN RAM, CONSTABLE
NO.743, 2ND L.R.BN.
29. SANDEEP KUMAR, CONSTABLE
.
NO 457, DISTRICT SOLAN.
30. VIJAY KUMAR, CONSTABLE NO
343, DISTRICT SIRMOUR.
31. BHIM SINGH, CONSTABLE NO.
527, DISTRICT SOLAN.
32. AMAR NATH, CONSTABLE NO.
287, DISTRICT BILASPUR.
33. LHC RAJEEV KUMAR,
CONSTABLE NO. 960, DISTRICT
KANGRA
34.
SUNIL DHADWAL, CONSTABLE
NO.930, DISTRICT SHIMLA.
35. SURESH KUMAR, CONSTABLE
NO.926, DISTRICT SHIMLA.
36. SH. RAMESHWAR SINGH,
CONSTABLE NO.453, DISTRICT
SHIMLA LED TODAY
37. SH. RAJESH KUMAR, CONSTABLE
NO 341. DISTRICT HAMIRPUR.
38. SH. RAKESH KUMAR, CONSTABLE
NO.372, DISTRICT SOLAN.
39. SH. DESH RAJ, CONSTABLE
NO.236, DISTRICT KINNAUR.
40. SH. BALRAJ, CONSTABLE NO.716,
DISTRICT MANDI.
41. LHC JAI PRAKASH, CONSTABLE
NO.490, DISTRICT SIRMOUR.
42. LHC SUSHIL KUMAR, CONSTABLE
NO.280, DISTRICT KANGRA.
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43. MANOJ KUMAR, CONSTABLE
NO.418, DISTRICT UNA.
44. MOHINDER SINGH, CONSTABLE
.
NO.566, SIRMOUR.
45. GAISH LAL, CONSTABLE NO.476,
DISTRICT CHAMBA.
46. JATINDER KUMAR, CONSTABLE
NO.795, DISTRICT KANGRA.
47. RAJINDER KUMAR CONSTABLE
NO. 130, DISTRICT BILASPUR.
48. PRADEEP KUMAR, CONSTABLE
NO. 795, DISTRICT SHIMLA.
49. RAJEEV KUMAR, CONSTABLE
NO.780, DISTRICT SHIMLA.
50. MAYA DEVI, CONSTABLE NO. 273,
DISTRICT KULLU.
51. HEM RAJ, CONSTABLE NO.546,
DISTRICT CHAMBA.
52. RAMESH KUMAR, CONSTABLE
NO. 308, DISTRICT SOLAN.
53. CHAIN SINGH, CONSTABLE
NO.1155, DISTRICT KANGRA.
54. MURARI LAL, CONSTABLE
NO.574. DISTRICT MANDI.
55. AMIT KUMAR, CONSTABLE
NO.1225. DISTRICT KANGRA.
56. SUNIL KUMAR, CONSTABLE
NO.1182, DISTRICT KANGRA
57. PREM CHAND, CONSTABLE
NO.760, 21.R.BN.
58. ANIL KUMAR, CONSTABLE NO. 73,
DISTRICT SIRMOUR.
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59. RANGILA RAM, CONSTABLE NO.
567, DISTRICT MANDI.
.
60. RAJNEESH KUMAR, CONSTABLE
NO.216, DISTRICT SIRMOUR.
61. SANJAY KUMAR, CONSTABLE
NO.361, 2 LR.BN.
62. SATYA PRAKASH CONSTABLE
NO. 14, DISTRICT SIRMOUR.
63. SANJEEV KUMAR, CONSTABLE
NO.1214, DISTRICT KANGRA.
64. RAMESH CHAND, CONSTABLE
NO. 129, DISTRICT BILASPUR.
65.
SUNIL KUMAR, CONSTABLE NO.
292, DISTRICT SHIMLA.
66. JASWINDER SINGH, CONSTABLE
NO.218, DISTRICT KINNAUR.
67. SUNIL KUMAR, CONSTABLE
NO.624, DISTRICT SOLAN.
68. JAG PAL SINGH, CONSTABLE NO.
401, DISTRICT UNA.
69. SANJEEV KUMAR, CONSTABLE
NO.403, DISTRICT MANDI.
70. RAVINDER KUMAR, CONSTABLE
NO.332, DISTRICT KINNAUR.
71. LHC SATINDER SINGH,
CONSTABLE NO. 156, DISTRICT
KINNAUR.
72. PAWAN KUMAR, CONSTABLE NO
255, DISTRICT SOLAN.
73. KULDEEP SINGH, CONSTABLE
NO.457, DISTRICT KANGRA.
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74. DEEP KUMAR, CONSTABLE
NO.526, DISTRICT CHAMBA.
.
75. DHANVIR SINGH, CONSTABLE NO.
417, DISTRICT SIRMOUR.
76. PARVEEN LATA CONSTABLE
NO.300, DISTRICT UNA.
77. SANDEEP KUMAR, CONSTABLE
NO.651, DISTRICT SHIMLA.
78. ASHOK KUMAR, CONSTABLE
NO.393, DISTRICT UNA.
79. LIYAQAT KHAN, CONSTABLE NO
460, DISTRICT CHAMBA.
80.
NEK RAM, CONSTABLE NO. 142,
L&S
81. LHC RAJ KUMAR, STATE CID.
82. RAM KRISHAN CONSTABLE
NO.742, DISTRICT SOLAN.
83. RAMESH KUMAR, CONSTABLE
NO. 427, DISTRICT BILASPUR.
84. VINOD KUMAR, CONSTABLE NO.
321, 2ND LR.BN.
85. SANJEEV KUMAR, CONSTABLE
NO.198, DISTRICT KINNAUR.
86. AJAY KUMAR, CONSTABLE
NO.560, DISTRICT KANGRA.
87. SURINDER KUMAR, CONSTABLE
NO.140, DISTRICT BILASPUR.
88. CHANDAN SINGH, CONSTABLE
NO. 1080, DISTRICT SHIMLA.
89. MAHESH KUMAR, CONSTABLE
NO.773, DISTRICT KANGRA.
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90. DINESH KUMAR, CONSTABLE
NO.911, DISTRICT KANGRA.
.
91. SHAMINDER SINGH, CONSTABLE
NO. 1211, DISTRICT KANGRA.
92. MANISHA, CONSTABLE NO.263,
DISTRICT CHAMBA.
93. JOGINDER PAL, CONSTABLE NO.
1406, DISTRICT SHIMLA.
94. SUKHDEV SINGH, CONSTABLE
NO.333, DISTRICT BILASPUR.
95. SURINDER KUMAR, CONSTABLE
NO.225, DISTRICT HAMIRPUR.
96.
YOGINDER SINGH, CONSTABLE
NO.197, DISTRICT BILASPUR.
97. HARISH GARG, CONSTABLE NO.
627, DISTRICT SHIMLA.
98. SANJEEV KUMAR, CONSTABLE
NO. 635, DISTRICT MANDI.
99. KAMLESH CONSTABLE NO.308,
DISTRICT SHIMLA.
100. SHYAM LAL, CONSTABLE NO.148,
DISTRICT BILASPUR.
101. BHAGAT SINGH, CONSTABLE
NO.549, DISTRICT SOLAN.
102. PAWAN KUMAR, CONSTABLE NO.
175, DISTRICT SOLAN.
103. RAJESH KUMAR CONSTABLE NO.
317, DISTRICT KANGRA.
104. SHEETAL PRAKASH, CONSTABLE
NO.412, DISTRICT SIRMOUR.
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105. INDER SINGH, CONSTABLE
NO.490, DISTRICT SOLAN.
106. JANAK RAJ, CONSTABLE NO.
.
1085. DISTRICT SHIMLA.
107. SANJEEVAN, CONSTABLE NO 353,
DISTRICT BILASPUR.
108. ASHISH KUMAR, CONSTABLE
NO.321, DISTRICT CHAMBA.
109. SANJAY KUMAR, CONSTABLE NO.
293, DISTRICT SHIMLA.
110. CHUNI LAL, CONSTABLE NO. 369,
DISTRICT SOLAN.
111. HARNAM SINGH, CONSTABLE
NO.466, DISTRICT CHAMBA.
112. RAJNISH KUMAR, CONSTABLE
NO.153, L&S.
113. RAKESH KUMAR, CONSTABLE
NO. 302, DISTRICT HAMIRPUR.
114. SHARMILA, CONSTABLE NO. 746,
IST BN. JUNGA.
115. JAG MOHAN, CONSTABLE NO 836,
1ST. I.R. BN.
116. SANTOSH KUMAR, CONSTABLE
NO. 498, DISTRICT MANDI.
117. SHYAM LAL, CONSTABLE NO. 348,
DISTRICT MANDI.
118. ANUPAM SHARMA, CONSTABLE
NO. 166, DISTRICT HAMIRPUR.
119. POOJA, CONSTABLE NO. 1047,
DISTRICT KANGRA.
120. ASHOK KUMAR, CONSTABLE
NO.516, DISTRICT SHIMLA.
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121. NARENDER KUMAR, CONSTABLE
NO.586, DISTRICT SOLAN.
.
122. JOGINDER SINGH, CONSTABLE
NO. 570, DISTRICT CHAMBA.
123. SAROJ KUMAR, CONSTABLE
NO.246, DISTRICT MANDI.
124. CHAMAN LAL, CONSTABLE NO.
549, DISTRICT CHAMBA.
125. MAHESH KUMAR, CONSTABLE
NO. 374, DISTRICT UNA.
126. SURESH KUMAR, CONSTABLE
NO.211, 2ND 1.R.BN.
127
SHANTA KUMAR, CONSTABLE
NO. 253, DISTRICT UNA.
128. YOGESH KUMAR, CONSTABLE
NO636, DISTRICT SHIMLA.
129 KULWANT SINGH, CONSTABLE
NO.202, DISTRICT SOLAN.
130. BRIJ LAL, CONSTABLE NO 100,
DISTRICT KINNAUR.
131. SEEMA DEVI, CONSTABLE NO.
1030, DISTRICT KANGRA.
132. NARENDER KUMAR, CONSTABLE
NO.218, IST I.R.BN.
133. INDER DEV, CONSTABLE NO.572,
DISTRICT MANDI.
134. BRIJESH KUMAR, CONSTABLE
NO.465, DISTRICT SHIMLA.
135. AMAR SINGH, CONSTABLE
NO.353, DISTRICT KULLU.
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136. KAPIL DEV, CONSTABLE NO310,
2ND L.R.BN.
137. VIKAS KUMAR, CONSTABLE NO
.
636, 2D 1.R.BN.
138. DEVENDER KUMAR, CONSTABLE
NO.187, DISTRICT MANDI.
139. NASEEB CHAND, CONSTABLE
NO.741, DISTRICT KANGRA.
140. PYARE LAL, CONSTABLE NO.462,
DISTRICT SOLAN.
141. VIKAS KUMAR, CONSTABLE NO
166, L&S.
142. RAVI KANT, CONSTABLE NO. 173.
DISTRICT MANDI L&S.
143. DUNI CHAND, CONSTABLE NO 35,
R&T SHIMLA.
144. BHAVDEV, CONSTABLE NO 672,
DISTRICT MANDI.
145. RAJESH KUMAR, CONSTABLE
NO.315, DISTRICT HAMIRPUR.
146. DEEPAK RANA, CONSTABLE
NO.514, 2D LR.BN.
147. SUBHASH SINGH, CONSTABLE
NO.296, DISTRICT CHAMBA.
148. VINOD KUMAR, CONSTABLE NO.
779, DISTRICT MANDI.
149. MANOJ KUMAR, CONSTABLE NO
443, DISTRICT BILASPUR.
150. TARUN KUMAR, CONSTABLE NO
101, DISTRICT KINNAUR.
151 SANTOKH SINGH, CONSTABLE NO
253, DISTRICT KANGRA.
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152. VINAY KUMAR, CONSTABLE
NO.91, DISTRICT L&S.
.
153. SHYAM LAL, CONSTABLE NO.303,
1ST BN. JUNGA.
154. PANKAJ KUMAR, CONSTABLE NO
923, DISTRICT SHIMLA.
155. MANOJ KUMAR, CONSTABLE NO
301, DISTRICT KANGRA.
156. YASH PAL, CONSTABLE NO 198,
DISTRICT KINNAUR.
157. DIWAN CHAND, CONSTABLE
NO.400, DISTRICT SOLAN.
158 VIKASH SHARMA,
r CONSTABLE
NO.767, 2D 1.R.BN.
159. MOHINDER SINGH, STATE CID.
160. MANOHAR LAL, CONSTABLE NO
683, DISTRICT SOLAN.
161. NAGINDER SINGH, CONSTABLE
NO 360, DISTRICT SOLAN.
162. DHARMENDER KUMAR,
CONSTABLE NO 225, DISTRICT
UNA.
163. JITENDER SINGH, CONSTABLE NO
312, DISTRICT HAMIRPUR.
164. DHANVEEN CONSTABLE NO.109,
DISTRICT SIRMOUR.
165. BHAGWAT PRASHAD,
CONSTABLE NO 529. DISTRICT
SIRMOUR.
166. MOHENDER SINGH, CONSTABLE
NO.680, DISTRICT SHIMLA.
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167. VISHAL SINGH, CONSTABLE NO
.697, DISTRICT SHIMLA.
168. KAMAL DEEP, CONSTABLE
.
NO.147, DISTRICT KINNAUR.
169. HARISH KUMAR, CONSTABLE NO
150, DISTRICT KINNAUR.
170. MUKESH DHARWAL, CONSTABLE
NO .126, DISTRICT KINNAUR.
171. RAJINDER KUMAR, CONSTABLE
NO.429, DISTRICT BILASPUR.
172. DALIP SHARMA, STATE CID.
173. PAWAN KUMAR, CONSTABLE NO
244, DISTRICT SOLAN.
174. BALWANT SINGH, CONSTABLE
NO.758, 2" LR.BN.
175. BIPAN KUMAR, CONSTABLE
NO.343, 2D 1R.BN.
176. DHANI RAM, CID, SHIMLA.
177. RAJENDER SINGH, CONSTABLE
NO 673, DISTRICT SHIMLA.
178. DINESH KUMAR, CONSTABLE NO.
70, DISTRICT SIRMOUR.
179. OM RAJ, CONSTABLE NO. 82,
DISTRICT L&S.
180. SURINDER KUMAR, CONSTABLE
NO.396, DISTRICT KANGRA.
181. CHANAN SINGH, CONSTABLE NO
369, DISTRICT UNA.
182. PAWAN KUMAR, CONSTABLE NO
269, DISTRICT SOLAN.
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183. MAHENDER SINGH, CONSTABLE
NO.1089, DISTRICT KANGRA.
184. RAJESH KUMAR, CONSTABLE NO
.
110, DISTRICT KINNAUR.
185. VIKAS GULERIA, CONSTABLE NO
728, 2ND I.R. BN.
186. MAN SINGH, SV&ACB.
187. YOG RAJ, CONSTABLE NO. 228,
DISTRICT KINNAUR.
188. JAI SINGH, CONSTABLE NO.532,
DISTRICT MANDI.
189. RAJEN KUMAR, CONSTABLE
NO.111, DISTRICT KULLU.
190. MANJEET SINGH, CONSTABLE NO
1300, DISTRICT SHIMLA.
191. RAKESH KUMAR, STATE CID.
192. BUPENDER SINGH, CONSTABLE
NO 262, DISTRICT KULLU.
193. VINOD KUMAR, CONSTABLE NO
1008, DISTRICT KANGRA.
194. YOGESHWARI, CONSTABLE NO
1125, DISTRICT SHIMLA.
195. MANOJ KUMAR, CONSTABLE NO
83, DISTRICT HAMIRPUR.
196. SANJEEV KUMAR, CONSTABLE
NO 547, DISTRICT CHAMBA.
197. RAJINDER KUMAR, CONSTABLE
NO.765, 2ND I.R.BN.
198. PANKAJ SAMBYAL, CONSTABLE
NO.202, 2 I.R. BN.
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199. SUNIL KUMAR, CONSTABLE NO
217, DISTRICT KINNAUR.
200. ATUL RAINA, CONSTABLE NO 363,
.
2 1.R.BN.
201. HARI RAM, CONSTABLE NO.278,
DISTRICT SOLAN.
202. MANJEET SINGH, CONSTABLE
NO.521, DISTRICT CHAMBA.
203. NIKHIL KUMAR, CONSTABLE NO
401, DISTRICT KANGRA.
204. HEM RAJ, CONSTABLE NO.697,
DISTRICT MANDI.
205. UTTAM CHAND, 961, DISTRICT
KANGRA.
206. NARENDER KUMAR, STATE CID.
207. ASHOK KUMAR, CONSTABLE NO
406, DISTRICT BILASPUR.
208. MOHD. KHALID, CONSTABLE NO
492, DISTRICT SIRMOUR.
209. SANJEEV KUMAR, 451, DISTRICT
BILASPUR.
210. RAMESH KUMAR, SV&ACB.
211. PAWAN KUMAR, CONSTABLE NO
.764, 21.R. BR.
212. PAWAN KUMAR, CONSTABLE NO
119, DISTRICT UNA.
213. RAVINDER KUMAR, CONSTABLE
NO.1014, DISTRICT SHIMLA.
214. RAJINDER SINGH, CONSTABLE
NO.170, 1" BN. JUNGA.
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215. HEM SINGH, CONSTABLE NO 121,
DISTRICT L&S.
216. RAM KRISHAN, CONSTABLE NO
.
252, DISTRICT KANGRA.
217. SHAILENDER KUMAR,
CONSTABLE NO 485, DISTRICT
BILASPUR.
218. CHAITANYA SAWROOP,
CONSTABLE NO 264, DISTRICT
SOLAN.
219. GANESH LAL, CONSTABLE NO.
158. DISTRICT L&S.
220. RAJINDER KUMAR, CONSTABLE
NO 1204, DISTRICT SHIMLA.
221. VIKESH PARIHAR, CONSTABLE
NO 766, 2 L.R.BN.
222. YOGESHWAR SINGH, CONSTABLE
NO 258, DISTRICT KANGRA.
223. NAND LAL, CONSTABLE NO 258,
DISTRICT KINNAUR.
224. RISHI VANSH, CONSTABLE NO
229, DISTRICT KANGRA.
225. MANVIR SINGH, CONSTABLE NO
237, DISTRICT KINNAUR.
226. RAJESH KUMAR, CONSTABLE NO
390, DISTRICT BILASPUR.
227. JAGDISH KUMAR, CONSTABLE
NO 162, DISTRICT KINNAUR.
228. ARVIND KUMAR, CONSTABLE NO
463, DISTRICT CHAMBA.
229. YASH PAL, CONSTABLE NO.773,
2ND L.R.BN.
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230. ANIL KUMAR, CONSTABLE NO.
187. DISTRICT BILASPUR.
231. KHEM SINGH, CONSTABLE NO
.
.204, DISTRICT SOLAN.
232. PIAR SINGH, CONSTABLE NO 505,
DISTRICT SHIMLA.
233. NIRMLA DEVI, CONSTABLE
NO.128, DISTRICT BILASPUR.
234. LALIT KUMAR, CONSTABLE NO.
.915, DISTRICT SHIMLA.
235. KULTAR SINGH, CONSTABLE NO.
34, PTC DAROH.
236. MANOJ KUMAR, CONSTABLE NO.
212, DISTRICT BILASPUR.
237. GURJEET SINGH, CONSTABLE
NO. 340, 2 L.R.BN.
238. RAKESH KUMAR, CONSTABLE
NO.159, DISTRICT KINNAUR.
239. KEWAL SINGH, CONSTABLE NO
506, DISTRICT BILASPUR.
240. HANS RAJ, CONSTABLE NO 338,
DISTRICT MANDI.
241. SANJEEV KUMAR, CONSTABLE
NO 474, DISTRICT SIRMOUR.
242. ANITA DEVI, CONSTABLE NO.107,
DISTRICT UNA.
243. SURJEET SINGH, 334, DISTRICT
HAMIRPUR.
244. SEEMA KUMARI, CONSTABLE NO
1002, DISTRICT KANGRA.
245. AJAY KUMAR, CONSTABLE NO 49,
DISTRICT L&S.
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246. NISHANT KUMAR, CONSTABLE
NO.1090, DISTRICT KANGRA.
.
...RESPONDENTS
(M/S SUMESH RAJ, DINESH THAKUR AND
SANJEEV SOOD, ADDITIONAL ADVOCATE
GENERALS, WITH MR. AMIT KUMAR
DHUMAL, DEPUTY ADVOCATE GENERAL,
FOR R-1 TO R-3.
SHRI T.S. CHAUHAN, ADVOCATE, FOR R-96.
SHRI J.R. POSWAL, ADVOCATE, FOR R-118.
M/S ANJALI SONI VERMA AND SHIVANI
TEGTA, ADVOCATES, OR R-197.
REMAINING RESPONDENTS ARE EX
PARTE.)
Whether approved for reporting? Yes.
__________________________________________________________
This petition coming on for hearing this day, the Court passed the
following:-
JUDGMENT
By way of this writ petition, the petitioners have, inter alia, prayed for the following reliefs:-
"(i) Quashing the fax message dated 9.9.2009,
Annexure P-6 and consequent merit/seniority
determined by the respondents No. 2 to 3 in the final result of 16th batch of Lower School Course declared on 19.9.2009, Annexure P-7.
(ii) That the respondents No. 2 and 3 may be directed to re-fix the merit/seniority of petitioners and ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 19 respondents No. 4 to 246 strictly on the basis of their marks and merit irrespective of the attempt in which they passed firing test in 16th batch of Lower School Course .
term ending in August, 2009.
(iii) That if during the pendency of writ petition the respondents No. 4 to 246 or any one of them is promoted to the post of Head Constable on the basis of impugned merit/seniority reflected in result declared on 19.09.2009, Annexure P-7, in that event the promotion of such of the respondents may also be quashed and respondents No. 1 to 3 may be directed to consider the petitioners for promotion to the post of Head Constable from the date such junior respondents may be promoted to the post of Head Constable, with all consequential benefits."
2. Brief facts necessary for the adjudication of the present petition are as under:-
The petitioners were recruited as Constables on the dates as are mentioned in Para-2 of the petition between the years 1993 to 2001.
The next promotional post from the post of Constable is that of Head Constable. However, a Constable has to successfully undergo the Lower School Course in order to be eligible to be considered for further promotion to the post of Head Constable. Annexure P-3 is Standing Order No. 1/2006, issued by the Director General of Police, Himachal Pradesh, Police Headquarter, Shimla, which was governing the field when the petitioners ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 20 participated in the Lower School Course. This notification is dated 29th August, 2006. In terms of the Standing Order, the trainee had to .
successfully pass the terminal examination, final examination as also training as mentioned therein. This training, in terms of Clause-2 of the Standing Order contemplated firing also. Said Clause which is relevant for the purpose of adjudication of the present petition is reproduced hereinbelow:-
"2. Failure in Training:
(a) In case of failure of trainee in upto 2 written papers, he will be asked to come in the next course to writ these papers only. This chance will be given only once. However, in case of failure in more than 2 written papers, a trainee will have to come against and attend the next full course without TA/DA.
(b) In outdoor, in case of failure in 2 groups, a trainee will come in next course to clear only the said groups. This chance will be given only once.
However, in case of failure in more than 2 groups, a trainee will have to attend the next full course afresh without TA/DA.
(c) In firing, a trainee will be given 2 more chances on departmental expenses in case of failure. If he again fails, one more chance can be given at his cost. Thereafter, no chance will be given."
::: Downloaded on - 24/12/2022 09:45:09 :::CIS 213. The grievance of the petitioners is that in terms of the Standing Order (Annexure P-3) in general and Clause-2 thereof in particular, it was .
provided therein that in firing, a trainee was to be given two more chances on departmental expenses in case of failure and if he again failed, then one more chance, at his own expense and thereafter, no chance was to be given to him. However, according to the petitioners, there was no mention in the Standing order that the merit of a candidate undergoing Lower School Course would be dependent upon the attempt in which, he passed the firing test. Learned Senior Counsel for the petitioners drew the attention of the Court to Annexure P-5, which is the final result of 15th Batch of Lower School Course Term Ending January 2009 and submitted that a perusal thereof would demonstrate that merit of the candidates, who participated in this 15th Batch was determined on the basis of their over all performance in the test and not on the basis of number of attempt in which he or she passed the firing test. The petitioners who belong to the 16th Batch of the Lower School Course, however, were given a different treatment as far as determination of merit after passing the Lower School Course was concerned and their merit was not determined on the basis of their over all performance in the test, but it was determined by taking into consideration the attempt/dates when he or she has passed the firing test. Thus, their inter se merit was arranged by taking into consideration the number of attempts, in which, the candidate passed the test and this was done on the ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 22 basis of instructions dated 09.09.2009, issued by the ADGP/AP & T, HP vide Annexure P-6. Learned Senior Counsel drew the attention of this Court .
to Annexure P-9, which was an amendment subsequently carried in Standing Order No. 1/2006 on 04.10.2009 by the Director General of Police and by referring thereto, learned Senior Counsel submitted that the petitioners have no grievance as to what subsequently was done by the Department after carrying out the necessary amendment in the earlier Standing Order, but till the time said amendment was not carried in Standing Order No. 1/2006, inter se merit of the candidates could not have been determined by taking into consideration the number of attempts in the firing test and the same ought to have been determined by taking into consideration the over all merit of the candidates in the Lower School Course training. Accordingly, a prayer has been made that the present petition be allowed by quashing Annexure P-6, dated 09.09.2009 and Annexure P-7 and a mandamus be issued to the respondent-Department to re-fix the merit/seniority of the petitioners on the basis of their over all merit in the training by undoing what has been done in terms of Annexure P-7.
4. M/s T.S. Chauhan, J.R. Poswal and Anjali Soni Verma, learned counsel appearing for respondents No. 96, 118 and 197, respectively have adopted the arguments made by learned Senior Counsel for the petitioners.
::: Downloaded on - 24/12/2022 09:45:09 :::CIS 235. The petition has been opposed by the State, inter alia, on the ground that there is no infirmity in the determination of merit/seniority of the .
petitioners by taking into consideration the number of attempt, in which the candidate has passed the test in the Lower School Course training.
6. Learned Additional Advocate General by taking the Court through Annexure P-3 submitted that this particular Standing Order nowhere provided as to how merit of the candidates after training was to be determined and this subsequently was clarified by way of Annexure P-6.
Learned Additional Advocate General submitted on the basis of the record of the Department that Annexure P-6 was issued by the Additional Director General of Police on the basis of the Notings which were made by the Director General of Police dated 5th September, 2009. On these grounds, learned Additional Advocate General submitted that as Annexure P-6 only supplements as to what was provided in Annexure P-3, therefore, there is no merit in the present petition. Learned Additional Advocate General also submitted that otherwise also, the petitioners cannot make a grievance of the mode and manner in which the seniority has been determined, for the reason that the Department has not compromised with the merit. However, determination of the seniority of the earlier Batches on the basis of over all merit has not been disputed by the State.
7. I have heard learned counsel for the parties and have also carefully gone through the pleadings as well as the documents on record.
::: Downloaded on - 24/12/2022 09:45:09 :::CIS 248. In the present case, the moot issue is as to whether the merit/seniority of the petitioners was liable to be determined on the basis of .
their over all merit in the Lower School Course training or whether the same could have been determined on the basis of Annexue P-6.
Standing Order in issue, i.e., Standing Order No. 1/2006, dated 29th August, 2006 has been issued by the Department under the provisions of the Police Act, 1861, as in force by virtue of Section 88 of the Punjab Re-
Organization Act, 1966 in the areas added to Himachal Pradesh under Section 5 thereof and as applied to the areas which comprised in Himachal Pradesh immediately before 1st day of November, 1966 by virtue of the Himachal Pradesh (Application of Laws) Order, 1948 and the Bilaspur (Application of Laws) Order, 1949.
The Police Act, 1861, as applicable to the State of Himachal Pradesh was repealed by way of Himachal Pradesh Police Act, 2007, which came into force after being assented by the Governor of Himachal Pradesh on 16th July, 2007. Sub-section (2) of Section 144 of the Himachal Pradesh Police Act, 2007 provides that without prejudice to the provisions contained in the Himachal Pradesh General Clauses Act, 1968, with respect to repeals, any notification, rule, order, registration, appointment, certificate, notice, decision, direction, approval, authorization, consent, application, request or thing made, issued, given or done under the Police Act, 1861, shall, if in force at the commencement of this Act, continue to be in force ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 25 and have effect as if made, issued, given or done under the corresponding provisions of this Act. Thus, by virtue of this sub-section of Section 144, .
Standing Order No. 1/2006 is assailed and the same continues to be in force in 2007 Act.
9. Standing Order has been defined in Section 2(zf) of the Himachal Pradesh Police Act, 2007 as under:-
"2(zf) "Standing Order" means a special or general order issued by the Director General of Police in conformity with the provisions of this Act and the rules made thereunder."
10. Section 143 of the 2007 Act further provides that the Director General of Police may, subject to the rules and the regulations made under this Act, issue standing orders to carry out the purposes of this Act. Thus, the Standing Orders have a statutory force, as they owe their origin to the relevant Acts. A perusal of Annexure P-3, i.e., Standing Order No. 1/2006 demonstrates that it was nowhere provided therein that the merit of a trainee, who undergo the Lower School Course would be determined by taking into consideration the number of attempts in which the candidate passes any of the trainings mentioned therein, including the training in firing. In other words, if a trainee was able to pass the firing test in terms of the opportunities mentioned in Standing Order No. 1/2006, as issued on 29th August, 2006, then there was no rider that his merit would not be based ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 26 upon his over all performance in the training, but it would be subject to the number of attempts in which he has passed the particular training.
.
Now, incidentally, it has not been disputed by the State that whereas the petitioners have participated in the 16th Batch of Lower School Course training and the merit of 15th Batch of Lower School Curse training was determined by the Department on the basis of over all merit of the candidates undergoing the training and not on the basis of number of attempts in which he or she has passed a particular test. Further, it is not as if this mode was followed for the purpose of determination of merit or seniority for the 15th Batch only and the Court has been informed that it was the consistent mode which was being followed by the Department until the Batch of the present petitioners.
Now, in this background, when one peruses Annexure P-6, which is the communication addressed by the Additional Director General of Police dated 09.09.2009, the same demonstrates that by way of this message, the Officers to whom the same was addressed were informed that it was approved that the trainees passing in first attempt should be placed higher in merit list, other than the trainees in second attempt followed by third attempt within each such Batch of 1st, 2nd or 3rd attempts and inter se seniority should be by marks secured. This means that the system of determining the over all seniority of the candidates participating in the training was altered by way of Annexure P-6. Annexure P-7, which is the ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 27 final result of 16th Batch of the Lower School Course Term Ending August 2009 and same has been determined on the basis of Annexure P-6. Now, .
incidentally, thereafter vide Annexure P-9, an amendment has also been carried in Standing Order No. 1/2006 on 4th October, 2009, which reads as under:-
"Subject: Upper, Intermediate & Lower School Courses.
Whereas, Standing Order No. 1/2006 has been issued to govern the promotional courses i.e. Upper School course, Intermediate School Course and Lower School Course being conducted at the Police Training College.
And whereas the clause 2 (a), (b) and (c) lay down the conditions for re-appearance in case of failures. The conditions for re-appearing in Written, Outdoor and Firing are common, except that in firing, two additional chances are given instead of one.
And whereas the clause 2 (c) is being
misinterpreted in the PTC leading to numerous
representations from the candidates failed in the firing test.
Now, therefore, in order to remove the doubts, clause 2 (c) shall read as under:
"In firing, in case of failure the trainee will be given upto two more chances in the next course on departmental expenses to clear the test. If he/she again fails in both the chances, he/she will be given one more chance in firing in the next course at his own expenses and in case of failure, he/she will have to come and attend the next full course without TA/DA."::: Downloaded on - 24/12/2022 09:45:09 :::CIS 28
11. This Court is of the considered view that after the amendment .
has been carried in Standing Order No. 1/2006 vide Annexure P-9, dated 04.10.2009, of course, the inter se merit or seniority of the candidates, who undergo the training, has to be determined in terms of the said amendment until and unless the same is either altered or successfully assailed by someone in the Court of law. But till the time said amendment was not incorporated in the Standing Order, the merit or seniority of the candidates, who participate in the Lower School Course training could not have been determined by applying the criteria as was mentioned therein by the Additional Director General of Police, H.P. This Court is not oblivious to the fact that this communication was issued by the Additional Director General of Police in pursuant to the written Notings of the Director General of Police, which are on record of the Departmental File, but still the fact of the matter is that the mode of determining merit/seniority was not incorporated by way of amendment in the statutory Standing Order and in the absence of same being done, the Standing Order could not have been supplanted by way of simple communication as far as determination of merit is concerned by what was contained in Annexure P-6.
12 Accordingly, in view of what has been mentioned hereinabove, this Court has no hesitation in holding that determination of seniority of the ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 29 petitioners by following what was contained in Annexure P-6, which resulted in the issuance of Annexure P-7 is not sustainable in the eyes of law, as .
Annexure P-6 is just a communication issued by the Additional Director General of Police/AP & T, H.P., which could not have supplanted the provisions of Standing Order No. 1/2006, dated 29th August, 2006, till the time the same were duly amended, as was done vide Annexure P-9, dated 04.10.2009.
13. At this stage, it is further relevant to take note of the fact that if the contention of learned Additional Advocate General that Annexure P-6 does not supplant Standing Order dated 29th August, 2006 (Annexure P-3) but it only supplements it by filling up the gap is accepted, then it is not understood as to what necessitated the subsequent incorporation of amendment in the Standing Order in the year 2009 by way of Annexure P-9. The only justification which the Court think of is that may be the Department realized that what was being intended to be done as far as determination of merit of the candidates is concerned, could not have been done by way of communication Annexure P-6 and it is for this reason that necessary amendment was incorporated by way of Annexure P-9, dated 04.10.2009.
14. Accordingly, this writ petition is allowed. Annexure P-6, dated 09.09.2009 and Annexure P-7 are quashed and set aside. The respondents are directed to re-determine the seniority of the petitioners, on the basis of ::: Downloaded on - 24/12/2022 09:45:09 :::CIS 30 their over all merit in the test of 16th Batch of Lower School Course, within a period of six weeks from today. This Court makes it clear that it has not .
made any reference with regard to the subsequent amendment which has been carried in the Standing Order in terms of Annexure P-9, dated 04.10.2009 and the State is free to determine the seniority of the Batches, which underwent trainings after coming into force the amended in the Standing Order by way of Annexure P-9, dated 04.10.2009, as per the provisions thereof. The petition stands disposed of, so also pending miscellaneous applications, if any.
(Ajay Mohan Goel) Judge September 13, 2022 (bhupender) ::: Downloaded on - 24/12/2022 09:45:09 :::CIS