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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Wg Cdr C Padmanabhan (retd. ), Commandant Pilot, Bsf – Appellant
Versus
Commandant (Personnel), Border Securtiy Force – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The petitioner had joined the Indian Air Force as a Commissioned Officer in the Flying Branch on 06.12.1986 as an Ex Indian Air Force Officer (Helicopter Pilot). He had joined the Border Security Force ('BSF') initially on deputation as Commandant/ Co-Pilot on 06.10.2008 and subsequently appointed as a Commandant Pilot in BSF in Feeder Cadre, subject to his relieving from Indian Air Force. The petitioner, after his relieving from Indian Air Force w.e.f. 30.01.2011, assumed charge in BSF on 31.01.2011.
2. The petitioner claims to have become eligible to the rank of Deputy Inspector General (DIG) on 01.01.2013, subject to his fulfilling requisite conditions under Recruitment Rules (RR) dated 11.11.2011 issued by the Central Government. The petitioner further claims to be fulfilling the requisite conditions as per RR except the condition of 2 years "residency" clause, falling short of 30 days as on date of consideration i.e. 01.01 2013. The petitioner applied for waiver of the said condition vide his representation dated 21.11.2012 in terms of Clause- 10 of RR dated 11.11.2011 which provided for relaxation of any of the provisions of these Rules wit
The main legal point established in the judgment is the importance of upholding eligibility criteria for promotion, fair treatment in promotion processes, and adherence to recruitment rules.
The main legal point established in the judgment is that while the fitness of armed forces personnel is of prime importance, the punishment imposed should be proportionate to the circumstances, and i....
The petitioner is entitled to seniority from the date his juniors were promoted, as administrative delays in conducting the Medical Board should not penalize him.
The main legal point established in the judgment is the applicability of the Circular dated 28.05.2013 to the petitioner's recruitment and subsequent termination based on 'Defective Colour Vision'. T....
The main legal point established is the court's discretion to consider leniency in cases of termination on medical grounds and to direct the petitioner to be treated as 'compulsorily retired from ser....
The main legal point established in the judgment is that 'displeasure' is not a penalty enlisted in Rule 11 of the CCS (CCA) Rules, 1965, and cannot be used to deny promotion.
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
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