Madhya Pradesh High CourtM.A. Syed vs The State Of Madhya Pradesh on 15 November, 2022Author: Sheel Nagu1\n                                        IN THE HIGH COURT OF MADHYA PRADESH\n                                                     AT JABALPUR\n                                                           BEFORE\n                                               HON'BLE SHRI JUSTICE SHEEL NAGU\n                                                 ON THE 15th OF NOVEMBER, 2022\n\n                                              WRIT PETITION No. 2867 of 2019\n\n                                   BETWEEN:-\n                                   M.A. SYED, S/O LATE SHRI M.H. SHAKIR, AGED\n                                   ABOUT 58 YEARS, OCCUPATION: INSPECTOR\n                                   (P), PRESENT PALACE OF POSTING AT P.H.Q.\n                                   JAHANGIRABAD, DISTT. BHOPAL (MADHYA\n                                   PRADESH)\n\n                                                                                         .....PETITIONER\n                                   (BY SHRI D.K. TRIPATHI, ADVOCATE )\n\n                                   AND\n                           1.      THE STATE OF MADHYA PRADESH, THROUGH\n                                   PRINCIPAL SECRETARY HOME DEPARTMENT,\n                                   VALLABH      BHAWAN, BHOPAL   (MADHYA\n                                   PRADESH)\n\n                           2.      DIRECTOR GENERAL OF POLICE POLICE\n                                   HEADQUARTERS JAHIGIRABAD BHOPAL (M.P)\n\n                           3.      PUBLIC SERVICE COMMISSION RESIDENCY\n                                   AREA,  INDORE THROUGH ITS SECRETARY\n                                   (MADHYA PRADESH)\n\n                                                                                      .....RESPONDENTS\n                                   (BY SHRI PIYUSH JAIN, P.L.)\n\n                                 This petition coming on for admission this day, th e court passed the\n                           following:\n                                                              ORDERThis petition has been filed by the petitioner who happens to be\n                           substantively appointed Inspector of Police, aggrieved by his non-promotion to\n                           the post of Dy. Superintendent of Police by DPC held on 07.09.2015 which\n                           considered several persons in the cadre of Inspector including petitioner as on\n\nSignature Not Verified\nSigned by: SHIBA NARAYAN\nBISWAL\nSigning time: 11/16/2022\n10:30:43 AM201.01.2015.2. State has filed return which primarily reveals that the petitioner was\n                           visited with the penalty dated 30.04.2015 (Annexure-P/3) of withholding\n                           promotion of petitioner for one year. However, the appellate authority watered\n                           down the said penalty to that of fine of Rs.5,000/- as per Clause 215 of the\n                           M.P. Police Regulations.2.1 When case of the petitioner came up for consideration before the\n                           DPC which was convened on 07.09.2015, it considered the case of petitioner\n                           and his contemporaries as well as juniors by assessing them on the basis of\n                           situation as existed on 01.01.2015.2.2 As on 01.01.2015, as per the petition or the reply of the State does\n                           not disclose any adverse material against the petitioner which could have\n                           prevented the DPC from considering the case of petitioner for promotion to the\n                           post of Dy. Superintendent of Police.2.3     Petitioner has filed DPC proceedings dated 07.09.2015 in which\n                           petitioner along with other persons was considered for promotion, which\n                           indicates that petitioner's case was not considered due to currency of penalty.\n                           The DPC in all probabilities was influenced by the fact that on the date when\n                           DPC met i.e. 07.09.2015, the penalty of withholding of promotion for one year\n                           was in currency and, therefore, petitioner's case was found to be ineligible to be\n                           considered.2.4 Pertinently, the punishment of withholding of promotion of one year\n                           passed on 30.04.2015 later on modified in appeal to that of fine of Rs..5,000/-.2.5 Be that as it may, even if the punishment of 30.04.2015 was in\n                           currency on the date of DPC i.e. on 07.09.2015, the same ought to have been\n                           ignored by the DPC since the effective date w.e.f. which the candidature of the\nSignature Not Verified\nSigned by: SHIBA NARAYAN\nBISWAL\nSigning time: 11/16/2022\n10:30:43 AM3Inspectors within the zone of consideration including the petitioner was required\n                           to be considered was 01.01.2015, on which date, there was nothing adverse\n                           against the petitioner.2.6 It is pertinent to point out that the punishment of withholding the\n                           promotion passed on 30.04.2015 was preceded by a show-cause notice dated\n                           12.03.2015 which was also after the cutoff date of 01.01.2015.3. In view of the above, it is obvious that petitioner's case was wrongly\n                           excluded for consideration by the DPC dated 07.09.2015.4.     Accordingly, this petition stands allowed with the following\n                           directions:(i) The impugned order dated 11.06.2018 (Annexure-P/1)\n                                  passed by respondent Nos. 2 stands quashed.(ii) The respondents are directed to convene a review DPC\n                                  and consider the case of petitioner as on 01.01.2015 for\n                                  promotion to the post of Dy. Superintendent of Police.(iii) In case the petitioner is otherwise suitable for being\n                                  promoted, he be promoted with all consequential benefits\n                                  including arrears of salary, seniority and other service\n                                  benefits.(iv) Looking to the age of petitioner, which is said to be 58\n                                  years when petition was filed in the month of February, 2019,\n                                  in all probabilities, petitioner must have retired on attaining the\n                                  age of superannuation. Thus, it is further directed that if\n                                  petitioner is found fit and promoted and has presently retired,\n                                  then his pension be refixed and arrears arising therefrom be\n                                  paid to him.(v) Aforesaid exercise be completed within a period of 60\n                                  days.(SHEEL NAGU)\nSignature Not Verified\nSigned by: SHIBA NARAYAN\nBISWAL\nSigning time: 11/16/2022\n10:30:43 AM4JUDGE\n                           Biswal\n\n\n\n\nSignature Not Verified\nSigned by: SHIBA NARAYAN\nBISWAL\nSigning time: 11/16/2022\n10:30:43 AM