Supreme Court of India
S.I. Paras Kumar and Ors. v. S.I. Ram Charan and Ors.
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What the Court ordered
Before parting with the case it has to be clarified that 'Out of turn' or adhoc promotion is to encourage the subordinate police officers and shall be given only to 'enrolled police officers' as under Rule 1.13 of the Punjab Police Rules i.e., up to the rank of Inspectors.
Judgment, page 16
From the headnote
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 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
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