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2008 Supreme(Gau) 801
IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. Nandakumar Singh, J.
S.C. Parashar
Vs.
Union of India (UOI) and Ors.
Writ Petition (C) No. 931 of 2007
Decided On: 19.11.2008
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M. Devananda, Adv.
For Respondents/Defendant: C. Kamal, Adv.
The court emphasized the importance of the sealed cover procedure and the criteria for notional promotion, based on the absence of pending disciplinary proceedings and the issuance of charge memo or charge sheet.
Headnote:
Promotion - Central Reserve Police Force - Circular dated 05.02.2003 - SHAPE-1 - Sealed cover procedure
Fact of the Case:
The petitioner sought promotion to the rank of Addl. DIGP in the CRPF, challenging the promotion of his junior. The petitioner fulfilled the essential requirements for promotion as early as 2004.
Finding of the Court:
The court found that the petitioner was free from vigilance angle, medically fit, and had no pending departmental proceedings at the time of the DPC held on 18.04.2007. The court directed the respondents to promote the petitioner to the post of Addl. DIGP, CRPF, effective from the date of his junior's promotion.
Issues: Validity of promotion decision, Sealed cover procedure, Notional promotion date
Ratio Decidendi: The sealed cover procedure can only be adopted after the issuance of a charge memo or charge sheet. Notional promotion should be given from the date of the junior's promotion.
Final Decision: The writ petition was allowed, directing the respondents to promote the petitioner to the post of Addl. DIGP, CRPF, effective from the date of his junior's promotion, and take appropriate actions against the petitioner, if necessary, after his promotion.
T. Nandakumar Singh, J.
1. Heard Mr. M. Devananda, learned Counsel appearing for the Petitioner as well as Mr. C. Kamal, learned Asstt. S.G, appearing for the Respondents.
2. As directed by this Court, Mr. C. Kamal, learned Asstt. S.G, produced the minutes of Departmental Promotion Committee convened on 18.04.2007 to consider the cases of the Commandants for promotion to the rank of Addl. DIGP in the Central Reserve Police Force (CRPF) in sealed cover before this Court for perusal; and the sealed cover is opened in the open Court.
3. This Court also carefully perused the proceeding of the DPC convened on 18.04.2007 for consideration of the cases of the Commandants to draw panel for promotion to the rank of Addl. DIGP in the CRPF. The relevant portion of the minutes of the DPC is being quoted at the appropriate place of this judgment.
4. By this writ petition, the Petitioner is assailing the order dated 11.12.2007 for promoting the Petitioner's junior/Respondent No. 4 to the post of Addl. DIG and also by this writ petition, the Petitioner is seeking for a direction to the Respondents Nos. 1 to 3 to promote the Petitioner to the post of Addl. DIGP, CRPF, w.e.f. the date of promotion of his junior to the post of Addl. DIGP, CRPF.
5. For deciding the present writ petition, a brief fact of the Petitioner's case is required to be noted.
Admittedly the Petitioner joined service as Deputy Superintendent of Police, CRPF on 06.10.1984. After serving seven years as Deputy Commandant, CRPF the Petitioner was promoted to the post of Second in Command w.e.f. 17.01.1999 in the CRPF. Later on after considering his satisfactory service as Second in Command in CRPF he was again promoted to the post of Commandant, CRPF on 27.05.2002. It is also stated that the Director General of Police, CRPF had written letters for his excellent performance in the service of CRPF.
6. The Directorate General, CRPF, CGO Complex (Ministry of Home Affairs) issued a circular dated 05.02.2003 prescribing conditions for promotion to different posts in the CRPF. For promotion to the post of Addl. DIGP, essential requirements to be fulfilled by the Commandant under the said circular are:
Commandant to Addl. DIG
(i) Commandant with 18 years Group 'A' service of which two year service should be in the rank of Commandant.
(ii) Two years Command as Commandant in duty Bn.
(iii) Should have undergone Senior Commandant Management Course of 2 weeks duration.
(iv) Medical category SHAPE-1.
7. It is admitted case of the parties that the Petitioner had fulfilled the essential requirements for promotion to the post of Addl. DIG quoted above as early as 2004.
8. From the pleadings of the writ Petitioner in the writ petition and the additional affidavits and also from the pleadings of the Respondents in their counter affidavit and the additional affidavit, it is clear that a DPC for consideration of the cases of Commandants for promotion to the post of Addl. DIGP in CRPF was held on 18.04.2007. As stated above the learned Asstt. S.G makes the proceedings of the said DPC held on 18.04.2007 available before this Court. For easy reference para Nos. 8, 9, 10 and 11 of the proceedings of the DPC held on 18.04.2007 are quoted hereunder:
8. All the officers in the zone of consideration for promotion as Addl. DIGP are free from vigilance angle and their integrity has been certified except Shri D.C. Moses against whom DE/Criminal Case is pending and Shri Satinder Singh against whom a proposal for initiation of major penalty proceedings has been sent to CVC through MHA.
9. The cases of all the eligible officers were considered and they are graded as under:
S. No. IRLA Name Assessment Medical Category Remarks
1. 1277 Sikandar UNFIT SHAPE-1 23.10.2006
2. 1272 Sam Anuj UNFIT SHAPE-1 23.09.2006
3. 2200 Surender Malik FIT SHAPE-1 19.10.2006
4. 2239 Kuldeep Dhar FIT SHAPE-1 14.12.2006
5. 2298 Deepak Moses Sealed Cover SHAPE-1 14.09.2006
6. 2233 Bhupati Chauhan FIT SHAPE-1 03.10.2006
7. 2222 Sanjay Kaush
