Punjab-Haryana High Court
C-Ii Karamjit Singh vs State Of Punjab And Others on 3 April, 2012
CWP No. 5554 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 5554 of 2011
Date of Decision:03.04.2012
C-II Karamjit Singh ........Petitioner
versus
State of Punjab and others ......... Respondents
CORAM: Hon'ble Mr. Justice Ajay Tewari
Present: Mr. R.K.Girdhar, Advocate
for the petitioner.
Mr.Suvir Sehgal, Addl. AG, Punjab.
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Ajay Tewari, J. (Oral):
The claim in this petition is for granting promotion to the petitioner as Head Constable w.e.f. 01.04.2010 i.e. the date when the persons junior to him were promoted. The reason given in the reply for denying the relief is that the petitioner was convicted in a case under Sections 120-B, 342, 343, 346, 365, 330 IPC. However, learned counsel or the petitioner has countered by saying that the conviction has been stayed by this Court in CRM No. 21008 of 2008 in Criminal Appeal No. 2397-SB of 2007. Learned counsel has further drawn the attention of the Court to the averments made in paras 8 and 9 of the petition wherein the examples of some other persons have been given who were similarly convicted but on their conviction being stayed by this Court they were allowed conditional CWP No. 5554 of 2011 2 promotions. In the corresponding paras of the written statement this fact is admitted. No reason has been shown as to why a differential treatment has been meted out to the petitioner.
In my considered opinion any order similar to that passed in the case of Rupinder Kumar and Raj Balwinder Singh (Annexure P-6) have to be made in the case of the petitioner also because otherwise it is not disputed that he would be entitled for promotion w.e.f. 01.04.2010 . Let the necessary exercise be made within two months from the date of receipt of a certified copy of this order.
Petition stands disposed of accordingly.
(AJAY TEWARI) JUDGE April 03 , 2012 sunita