Holding

Explanation I to Regulation 5(5) is clear that pending criminal proceedings arise only when a charge‑sheet is issued or filed, and the appellants are aggrieved parties; thus the High Court’s order is set aside.

Summary

The case concerned the promotion of a police officer (Respondent No.5) to the IPS cadre while a criminal case against him was pending. A charge‑sheet had been filed on 1 July 2000, and the Government of India placed his name provisionally on the select list, subject to clearance of the case. The officer obtained a favourable order from the Central Administrative Tribunal, which the Union of India challenged before the High Court; the High Court dismissed the writ, holding that pending proceedings began only when a charge was framed by the trial court. Two other police officers (the appellants) filed a special leave petition asserting that they were aggrieved parties because the inclusion of Respondent No.5 deprived them of promotion vacancies and that the High Court mis‑interpreted Explanation I to Regulation 5(5) and Regulation 7(3) of the Indian Police Service (Appointment by Promotion) Regulations, 1955. The Supreme Court held that the explanation is unambiguous – pending proceedings arise only upon issuance or filing of a charge‑sheet – and that the appellants are indeed aggrieved parties; consequently the High Court’s order and the subsequent notification were set aside. The appeal was allowed.

Issues considered

Whether Explanation I to Regulation 5(5) and Regulation 7(3) of the Indian Police Service (Appointment by Promotion) Regulations, 1955 deem criminal proceedings pending only upon issuance or filing of a charge‑sheet, not upon framing of charges.
Whether the appellants, who were not placed on the select list, have locus standi as aggrieved parties to challenge the promotion of Respondent No.5.

Legislation cited

Indian Police Service (Appointment by Promotion) Regulations, 1955s. 5(5), s. 7(3)

Subjects

promotionIndian Police Servicepending criminal casecharge sheetstatutory interpretationlocus standiservice lawselect listaggrieved party

Judgment

A GURPREET SINGH BHULLAR AND ANR.
v.
UNION OF INDIA AND ORS.

MARCH 8, 2006

B [H.K. SEMA AND DR. AR. LAKSHMANAN, JJ.]

Service law:

Indian Police Service (Appointment by Promotion) Regulations, 1955-
C Regulation 5(5) and Explanation I and 7(3)-Promotion--Entitlement when
charge-sheet filed against officer-Held: When charge-sheet is filed against
an officer, criminal proceedings is deemed to pending against him and he
would not be entitled to promotion.

D Interpretation of statute-Ambiguity in statute-Held: Court to interpret
a statute only when the same is ambiguous.

Aggrieved party--Police officer against whom criminal proceeding is
pending is promoted-Appeal filed by other officers in the select list not
considered for promotion-- Maintainability of-Held: Maintainable as they
E were aggrieved party.

Respondent No.5 was a police official. A criminal case against him
was pending in the CBI Court. On 1.7.2000, charge sheet was filed against
him. The Government of India issued notification dated 9.4.2002 in which
name of respondent No.5 was included in the select list of 1999 and 2000
F at Serial No. 3 and I for promotion to JPS cadre with a condition that his
name has been included in the list provisionally subject to his clearance
in criminal case. He filed 0.A. in Central Administrative Tribunal (CAT)
challenging the notification.

CAT allowed the O.A. with a direction that respondent no.5 be given
G benefit of being placed in select panel without considering the pending
criminal case and that his promotion would be subject to outcome of result
of criminal case pending against him. Union of India, unsuccessfully filed
Writ Petition before High Court for quashing the order of CAT.

H 1110
~-

GURPREET SINGH BHULLAR v. U.0.1. 1111

J The present appeal is filed by police officials whose names in the A
select list of 1999-2000 were at serial No.24 and serial No.12. Their
grievance was that had one vacancy in favour of respondent No.5 was not
wrongly considered, they could have been well within the zone of
consideration.

It was contended on behalf of Union of India that the appellants were B
not aggrieved parties as they had no locus standi to challenge the decision.

i" Allowing the appeal, the Court

HELD: 1. The High Court committed the fundamental error by
misinterpreting the explanation 1 to Regulation 5(5) and Regulation, 7(3) c
of Indian Police Service (Appointment by Promotion) Regulations 1955.
Explanation 1 makes it clear that the proceedings shall be treated as
pending only if a chargesheet has actually been issued to the officer or
filed in a Court. The language employed in the statute is unambiguous.
The Explanation nowhere states about charges having been framed by the
D
Trial Court. The High Court, erroneously read something to the
Explanation, which is not provided by the Regulation. There is no concept
of charge being framed by the Trial Court in the context of Explanation
1 of the Regulation. (1113-G; 1115-C-D)

Prakash Kumar v. State of Gujarat, (2005) 2 SCC 409; Nasiruddin v. E
Sita Ram Agarwal, (2003) 2 SCC 577; Mohan Kumar Singhania v. Union of
India, (1992) Supp I SCC 594 and Bairam Kumawat v. Union ofIndia, (2003)
7 sec 628, referred to.

2. The interpretation of the statute assigned by the High Court, if
.,t accepted, would negate the intendment of the Legislature and frustrate F
the statute itself. In fact, there is no ambiguity in the statute, which would
require interpretation negating the intendment of the Legislature as sought
to be done by the High Court. (1117-G-H)

3. It is stated that both the appellants are direct recruit DSP's of
1990-91 batch. They have more than eight years of service and were G
..;
eligible for consideration during the selection committee meeting held on
, 25._1.2002 for preparation of select list for the year 1999-2000. In view of
the categorical stand taken. by the Government of Punjab. in its counter it
cannot be said that the appellants are not within the zone of consideration
and that they are not the aggrieved parties. (1119-D, E) H
1112 SUPREME COURT REPORTS [2006] 2 S.C.R.

A Gopabandhu Biswal v. Krishna Chandra Mohanty, (1998) 4 SCC 447;
Dr. Duryodhan Sahu v. Jitendra Kumar Mishra, (1998( 7 SCC 273 and
Dattaraj Nathuji Thaware v. State of Maharashtra, (2005) I SCC 590,
referred to.

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1586 of2006.
B
From the Final Judgment and Order dated 3.8.2005 of the Punjab and
Haryana High Court in C.W.P. No. 15847-CAT of2004.

Soli J. Sorabjee, Mahabir Singh, Gurrninder Singh, Nikhil Jain and
Sunil Kumar Jain for the Appellant.
c
L. Nageshwar Rao, Narender Yadav and Rameshwar Prasad Goyal for
the Respondents.

Sarup Singh, Sr. AAG and Arun K. Sinha for the State of Punjab.

D Ms. Binu Tamta for U.P.S.C.

T.S. Doabia, Mrs. Rekha Pandey and Ms. Sushma Suri for Union of
India.

The Judgment of the Court was delivered by
E ...
H.K.SEMA, J, Leave granted.

The challenge in this petition is to the order dated 3.8.2005 passed by
the High Court of Punjab & Haryana at Chandigarh in C. W.P.No.15847-CAT
of 2004.
F
The background facts:

Respondent No.5 Sukhmohinder Singh was appointed as Deputy
Superintendent of Police on 27.10.1988 and was confirmed on the said post
on 26.02. 90. In December 1991, he was made Superintendent of Police in his
G own rank and pay and thereafter promoted as S.P. on adhoc basis in the year
1994.

A case No.RC 2(S)/94 was registered against the respondent under
Section 120-B, 342/365 IPC by the CBI and is pending before the Special
CBI Court, Ambala. A chargesheet was filed on 1.7.2000. By a letter dated
H 24.3.2001, the Government of India, Ministry of Home Affairs, determined
GURPREET SINGH BHULLAR v. U.0.1. [SEMA, J.] 1113
the year-wise vacancies - 4 for the year 1999, 3 for the year 2000, and nil A
J. for the year 200 I. The Selection Committee meeting was held on 25 .1.2002
for preparation of the year-wise list for the year 1999-2000 for promotion of
the State Police Officers to IPS Cadre ofPunjab. On 9.4.2002, a Notification
was issued by the Government of.India in which the name of Respondent
No.5 was included in the select list of 1999 and 2000 at Serial Nos. 3 and
I respectively with a condition that the name of Respondent No.5 has been
B
included in the list provisionally, subject to his clearance in Criminal Case
pending against him.

On.22.8.2004, respondent No.5 filed O.A. No.617/PB/2000 in the Central
Administrative Tribunal, Chandigarh Bench, challenging the Notification dated C
9.4.2002 seeking inter alia for i.ssuance of direction to the respondent to
consider the claim and to issue notification of appointment of the respondent
to IPS on the basis of his name being in the select list for the year 1999-2000.
The Central Administrative Tribunal by its order dated 1~.f>.2004 directed
that respondent No.5 herein be given benefit of being placed in the select
panel of the year 1999-2000 without taking consi.deration of the pendency of D
the criminal case which was registered against him on 18.4.1994. It was.
further directed that the promotion of respondent No.5 to IPS should remain
subject to the outcome of the result of criminal case pending against him. It
was further directed that the promotion so made on provisional basis could
be cancelled in the event he is convicted in the pending criminal case. E
Being aggrieved, the Union of India (respondent No. I herein) filed a
Civil Writ Petition No.15847 of 2004 before the Punjab & Haryana High
Court for quashing the order of the Tribunal. The High Court by its order
impugned dismissed the Writ Petition. Hence, the present special leave petition.
F
.L In the order impugned the High Court noticed that the criminal case
was pending against the respondent No. 5 under Sections 120B, 342/365 IPC.
The High Court also noticed that the challan was presented in the Court on
1.7.2000. The High Court, however, in our view, committed the fundamental
error by misinterpreting the explanation 1 to Regulation 5(5) and Regulation
7(3) oflndian Police Service (Appointment by Promotion) Regulations 1955 G
(in short the Regulation). The High Court noticed that the chargesheet was
filed in the court on I. 7.2000. The High Court also noticed that Explanation
-.. 1 to Regulation 5(5) makes it clear that the proceeding shall be treated as
pending only after chargesheet has actually been issued to the officer or filed
in a court, as the case may be. Having noticed that the chargesheet has been H
1114 SUPREME COURT REPORTS [2006] 2 S.C.R.

A filed in the court on I. 7.2000 and Explanation 1 to Regulation 5(5), the High
Court, has erroneously came to the conclusion as under:

"We are of the considered opinion that a bare perusal of the
Explanation 1 to Regulation 5(5) makes it abundantly clear that
criminal proceedings could only be held to be pending against the
B Officer if the charge has been framed by the trial court. In the present
case, undoubtedly, the charge has not been framed."

(emphasis supplied)

On the aforesaid reasoning the High Court dismissed the Writ Petition.
c
Mr. Soli J. Sorabjee, learned senior counsel, rightly contended that the
whole controversy is with regard to the interpretation of Explanation 1 to
Regulation 5(5) and Regulation 7(3). To appreciate the controversy in proper
perspective, Regulation 5(5) and Explanation I are quoted below:-

D "5. Preparation of a list of Suitable Officers:-

xxx xxxx xxxx

E 5(5) The list shall be prepared by including the required number of
names first from amongst the officers finally classified as
"Outstanding" then from amongst those similarly classified as "Very
Good" and thereafter from amongst those similarly classified as
"Good" and the order of names inter-se within each category shall be
in the order of their seniority in the State Police Service.
F
Provided that the name of an officer so included in the list shall be
treated as provisional if the State Government withholds the integrity
certificate in respect of such an officer or any proceedings departmental
or criminal are pending against him or anything adverse against him
which renders him unsuitable for appointment to the service has come
G to the notice of the State Government.

Provided further while preparing yearwise select list for more than
one year pursuant to the 2nd proviso to sub regulation (I), the officer
included provisionally in any of the select list so prepared shall be
considered for inclusion on the select list of subsequent year in addition
H
GURPREETSINGHBHULLARv. U.0.1.[SEMA,J.) 1115

to the nonnalconsideration ione and incase he is found fit for inclusion A .
in the suitability list for that year on a provisional basis such inclusion
shall be in addition to the nonnal size of the select list detennined by
the Central Government for such year.

EXPLANATION I: The proceedings shall be treated as pending only
if a charge-sheet has actually been issued to the Officer or filed in a . B
Court as the case may be."

(emphasis supplied)

Explanation I as quoted above will make it crystal clear that the
proceedings shall be. treated as pending only if a chargesheet has actually C
been issued to the officer or filed in a Court. The language employed in the
• statute is unambiguous. The Explanation nowhere states about charges having
been framed by the Trial Court. The High Court, in our view, erroneously
read something to the Explanation, which is not provided by the Regulation.
There is no concept of charge being framed by the Trial Court in the context D
of Explanation I of the Regulation.

Explanation I to Regulation 5(5) is further clarified in Regulation 7(3).
Regulation 7 speaks of select list. Regulation 7(3) reads as under:

"(3). The list as finally approved by the Commission shall from the
Select List of the members of the State Police Service. E
Provided that if an officer whose name 1s included in the Select List
is, after such inclusion, issued with a charge-sheet or a charge-sheet
is filed against him in a Court of Law, his name in the Select List
shall be deemed to be provisional."
F
A conjoint reading of explanation I to Regulation 5(5) and proviso to
Regulation 7(3) speaks about the chargesheet being filed against an officer
in a court of law. There is no concept of charges being framed under the
!• Regulation.

In Pr.akash Kumar V. State of Gujarat, [2005] 2 sec 409, the G
Constitution Bench of this Court observed in paragraph 20 at SCC p.423
thus:

"20, Before we proceed to consider the rigours of Sections 15 arid 12
we may at this stage point out that it is a trite law that the jurisdiction
H
t IJ6 SUPREME COURT REPORTS [2006] 2 S.C.R.

A of the Court to interpret a statute can be invoked only in case of
ambiguity. The Court cannot enlarge the scope of legislation or
intention when the language of the statute is plain and unambiguous.
Narrow and pedantic construction may not always be given effect to.
Courts should avoid a construction which would reduce the legislation
to futility. It is also well settled that every statute is to be interpreted
B without any violence to its language. It is also trite that when an
expression is capable of more than one meaning, the court would
attempt to resolve the ambiguity in a manner consistent with the
purpose of the provision, having regard to the consequences of the
alternative constructions."
c In Nasiruddin v. Sita Ram Agarwal, [2003] 2 SCC 577, the three judge-
Bench of this Court pointed out in paragraphs 35 and 37 ( SCC p. 588) and
(SCC p. 589) as under:-

"35.In a case where the statutory provision is plain and unambiguous,
D the court shall not interpret the same in a different manner, only
because of harsh consequences arising therefrom."

"37. The Court's jurisdiction to interpret a statue can be invoked
when the same is ambiguous. It is well known that in a given case
the court can iron out the fabric but it cannot change the texture of
E the fabric. It cannot enlarge the scope of legislation or intention when
th~ language of the provision is plain and unambiguous. It cannot add
or subtract words to a statue or read something into it which is not
there. It cannot rewrite or recast legislation. It is also necessary to
determine that there exists a presumption that the legislature has not
used any superfluous words. It is well settled that the real intention
F of the legislation must be gathered from the language used. It may be
true that use of the expression "shall or may" is not decisive for
arriving at a finding as to whether the statue is directory or mandatory.
But the intention of the legislature must be found out from the scheme
of the Act. It is also equally well settled that when negative words are
used the courts will presume that the intention .of the legislature was
G
that the provisions are mandatory in character."

(See also Mohan Kumar Singhania v. Union of India, [1992] Supp I
sec 594 at sec p.624, para 67)
In the case of Bairam Kumawat v. Union of India, [2003] 7. SCC 628
H
GURPREET SINGH BHULLAR v. U.0.1. [SEMA, J.] 1117
the three-Judge Bench of this Court pointed out in paragraph 23 at sec p. A
.I, 635 as under:-

"Furthermore, even in relation to a penal statute any narrow and
pedantic, literal and lexical construction may not always be given
effect to. The law would have to be interpreted having regard to the
subject-matter of the offence and the object of the law it seeks to B
achieve. The purpose of the law is not to allow the offender to sneak
out of the meshes of law. Criminal jurisprudence does not say so."

and further in paragraph 30 at sec pp.638-39 it was pointed out as under:-

"30. Yet again in Supdt. And Remembrancer of Legal Affiars to C
Govt. of W.B. v. Abani Maity, [1979] 4 SCC 85, the law is stated in
the following terms: (SCC p.90, para 18)

"19 {18}. Exposition ex visceribus actus is a long-recognised
rule of construction. Words in a statue often take their meaning
from the context of the statute as a whole. They are therefore, D
not to be construed in isolation. For instance, the use of the
-" word 'may' would normally indicate that the provision was not
mandatory. But in the context of a particular statute, this word
may connote a legislative imperative, particularly when its
construction in a permissive sense would relegate it to the
unenviable position, as it were, 'of an in effectual angel beating E
its wings in a luminous void in vain'. 'If the choice is between
two interpretations', said Viscount Simon, L.C. In Nokes v.
Doncaster Amalgamated Collieries, Ltd., (1940) AC 1014 at
AC p.1022)

'the narrower of which would fail to achieve the manifest purpose of F
the legislation, we should avoid a· construction which would reduce
the legislation to futility and should rather accept the bolder
construction based on the view that Parliament would legislate only
for the purpose of bringing about an effective result"'.

The interpretation of the statute assigned by the Division Bench of the G
High Court as sought to be done in the present case, if accepted, would
negate the intendment of the Legislature and frustrate the statute itself. In
fact, there is no ambiguity in the statute, which would require interpretation
negating the intendment of the Legislature as sought to be done by the High
Court. H
1118 SUPREME COURT REPORTS [2006] 2 S.C.R.

A Filing of chargesheet is preceded by an indepth investigation. Charges
are filed in Court when the prima facie case is established in course of the
investigation. The intendrnent of the Legislature is that a person who is
charged with a criminal offence in which charge is filed in court and the case
being pending for trial, that too against a police officer, the inclusion of such
B officer in the list shall be treated as provisional. The dangerous interpretation
assigned to the statute by the High Court would negate the intendment of the
Legislature. In our view, the High Court has committed grave fundamental
error of law and the same is unsustainable in law.

Mr. L. Nageshwar Rao, learned senior counsel, in his usual fairness '
C submitted that he is not persuaded to join in issue on the interpretation of
regulations. He, however, challenged the locus standi of the appellants herein.
According to him, the appellants are not aggrieved parties and the Special
Leave Petition is not maintainable. It is his say, that in the vacancies considered
there were four vacancies in 1999 and three vacancies in 2000 and the zone
of consideration is one to three in each vacancy. The appellant No.I being
D in Sl.No.53 of the seniority list and appellant No.2 in serial No.27 of the
seniority list, they do not possess any right to be considered for promotion
to the post occupied by the respondent No.5 and as such they are not aggrieved
parties. He relied on the decision of this Court rendered in the case of
Gopabandhu Biswa/ v. Krishna Chandra Mohanty, [1998] 4 SCC 447 where
E this Court in paragraphs 13 and 14 at sec pp.454-455 held that only aggrieved
party has locus standi to challenge the decision. He also referred to the
decision of this Court in the case of Dr. Duryodhan Sahu v. Jitendra Kumar
Mishra, [1998] 7 SCC 273, and the decision of this Court rendered in the
case of Dattaraj Nathuji Thaware v. State of Maharashtra, (2005] 1 SCC
590, where this Court held that the PIL is not maintainable in service matters.
F
This contention need not detain us any longer. Because, permission to
file SLP has already been granted by this Court on 6.1.2006.

Be that as it may, in this case both the Union Public Service Commission
and Union of India have filed counter in support of the appellants. Union
G Public Service Commission- respondent No. 4 has in paragraph 5(d) and 5(e)
supported the contentions of the appellants that the Writ Petition filed by the
Commission was dismissed inter alia on the wrong interpretation of the
Regulations by the High Court. Union of India respondent No. I, also filed
counter in support of the appellants. It is contended inter alia in the counter
H that the Union of India and the Union Public Service Commission were also
GURPREET SINGH BHULLAR v. U.0.1. [SEMA, J.] 1119

intended to file Special Leave Petition before this Court and because of that A
,..._ ·reason the appointment of Respondent No.5 was made subject to the right of
the Government and that of Union Public Service Commission to file the
Petition before this Court. However, since the petitioners have filed Special
Leave Petition, they, instead of filing separate Special Leave Petitions filed
counter in support of the petitioners.
B
On the assertion that the appellants are not aggrieved parties and the
Special Leave Petition is not maintainable, counsel for the appellants,
contended that in fact vacancies in 1999-2000 were carried forward to 2002.
In 2002, 8 vacandes were considered and the seniority of appellant No. I was
in serial No.24 and the appellant No.2 was in serial No.12. It is further C
contended that had one vacancy in favour of respondent No.5 was not wrongly
considered both the appellant nos. 1 and 2 could have been well within the
zone of consideration. Their rights to be considered has been deprived and,
therefore, they are the aggrieved parties.

Counsel also referred to the counter filed by the Special Secretary, D
Government of Punjab, Department of Home Affairs and Justice, on behalf
" of the respondents No.2 and 3. It is stated that both the appellants are direct
recruit DSP's of 1990-91 batch. They have more than eight years ofservice
and were eligible for consideration during the selection committee meeting
held on 25.1.2002 for preparation of select list for the year 1999-2000. In
view of the categorical stand taken by the Government of Punjab in its E
counter it cannot be said that the appellants are not within the zone of
consideration and that they are not the aggrieved parties.

In the view we have taken, the impugned order of the High Court is not
legally sustainable. It is, accordingly, quashed and set aside. Consequently, F
the Notification dated 30.9.2005 is also quashed. The appeal is allowed with
no order as to costs.

D.G. Appeal allowed.