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Punjab-Haryana High Court

Asi Sumer Singh No. 10/Ggn And Others vs State Of Haryana And Others on 9 August, 2012

Author: Augustine George Masih

Bench: Augustine George Masih

CWP No. 15309 of 2012                                            1

     IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH.
                                CWP No. 15309 of 2012


                                Date of Decision : August 09, 2012


ASI Sumer Singh No. 10/GGN and others
                                                ....   PETITIONERS
                  Vs.

State of Haryana and others
                                                ..... RESPONDENTS



CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH



Present :   Mr. S.N.Yadav, Advocate,
            for the petitioners.

AUGUSTINE GEORGE MASIH, J. (ORAL)

Notice of motion.

On the asking of the Court, Mr. Harish Rathee, Sr. DAG, Haryana, accepts notice on behalf of the respondents. Copy of the writ petition has been supplied to him.

It is the contention of the counsel for the petitioners that the petitioners are entitled to promotion to the post of Sub-Inspector from the post of Assistant Sub-Inspector in the light of the instructions issued by the respondents themselves dated 25.03.1982. Claiming the said benefit, petitioners had served a legal notice dated 27.02.2012 (Annexure P-7) upon the respondents which has been CWP No. 15309 of 2012 2 decided by respondent No. 3 by passing a totally non-speaking one line order that the legal notice has been considered and being devoid of merit, has been filed. He contends that the said order cannot sustain.

           I   have   gone   through   the   impugned    order   dated

26.03.2012 (Annexure P-8).       A perusal of the same leaves no

manner of doubt that the said order is totally a non-speaking order. None of the grounds, which have been raised by the petitioners in their legal notice putting forth their claim, have been considered or discussed. The impugned order dated 26.03.2012 (Annexure P-8), thus, cannot sustain and the said order rejecting the claim of the petitioners put forth by them through their legal notice dated 27.02.2012 (Annexure P-7), is hereby quashed.

The writ petition is disposed of with a direction to the Commissioner of Police, Faridabad Range, Faridabad-respondent No. 3 to consider and decide the legal notice dated 27.02.2012 (Annexure P-7) submitted by the petitioners, within a period of one week from the date of receipt of certified copy of the order. In case a decision on the same has already been taken by the respondents, the same shall also be conveyed to the petitioners forthwith.

Copy of this order be given dasti to the counsel for the petitioners under signatures of the Special Secretary of this Court.




                                   (AUGUSTINE GEORGE MASIH )
August 09, 2012                             JUDGE
pj
 CWP No. 15309 of 2012   3