JUDGMENT AND ORDER :

Heard Mr. Rajesh Mazumdar, learned counsel for the writ petitioner. Also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing on behalf of the respondents.

2. Being aggrieved by non-consideration of his case for promotion to the post of 2nd in Command with effect from the date when his juniors were promoted and also his claim for promotion to the next higher post of Commandant, the petitioner has approached this Court by filing the present writ petitions. The brief factual matrix, giving rise to the filing of the present writ petitions, may be noticed as follows :-

i. The petitioner had initially joined under the Central Reserve Police Force (CRPF) as Assistant Commandant in the year 1994 and thereafter, he was promoted to the rank of Deputy Commandant with effect from 28/04/2001. The promotion of the petitioner to the next higher post of 2nd in command was due in the year 2007. But at that time a disciplinary proceeding and a criminal case was pending against the petitioner. As such, the case of the petitioner was considered by the DPC on 15/06/2007 under sealed cover but he was found to be unfit for promotion. Accordingly, persons junior to the petitioner were recommended for promotion to the rank of 2nd in Command. Even in the next three consecutive DPCs, the petitioners case was considered in sealed cover but he was found un-fit for promotion to the rank of 2nd in Command.

ii. ON 01/04/2012 the DPC had met for considering the candidature of departmental candidates for promotion to the next higher post of Commandant and accordingly persons junior to the petitioner were again promoted to the post of Commandant with effect from 01/04/2012 while the petitioner was still languishing in the post of Deputy Commandant.

iii. In the mean while when the petitioner was serving as Deputy Commandant under the CRPF, he was entrusted with the task of conducting a recruitment process for the posts of Constable (General Duty) to be held at the Group Centre, CRPF, Durgapur, West Bengal. In the said recruitment process, a written examination was held on 26/12/2002 but later on, it transpired that the question papers were leaked. When the said fact was brought to the notice of the higher authorities, the Deputy Inspector General of Police (DIG), Group Centre, Durgapur, conducted a preliminary enquiry and thereafter, filed a written complaint, on the basis of which, Bidhannagar PS Case No. 14 dated 21/01/2013 was registered under Section 409/120B/420 IPC. After completion of the investigation, charge sheet was filed against 11 accused persons including the petitioner. The matter was then put up for trial before the Court of Special Judge, Barasat, North 24 Parganas under the provisions of the Prevention of Corruption Act, in Special Case No. 11/2004.

iv. Around that time, vide order dated 06/02/2004, the petitioner was placed under suspension pending drawal of departmental proceedings against him but on 13/02/2004, the order of suspension was revoked by the President, as a result of which the petitioner was reinstated in service. Thereafter, a departmental proceeding was initiated by the respondent so as to enquire into the two charges brought against the petitioner. On completion of the inquiry, the Enquiry Officer Shri T.B. Rao, Commandant, CRPF, submitted his Enquiry Report holding that neither of the charges could be proved against the petitioner. Notwithstanding the same, on 16/06/2004, the petitioner was informed that the Disciplinary Authority did not agree with the findings of the Enquiry Officer as regards the Article-II of the charges.

v. Being aggrieved by the aforesaid view taken by the Disciplinary Authority on the Enquiry Report, the petitioner submitted a representation requesting that the matter be referred to the Union Public Service Commission (UPSC) for its opinion. After a thorough examination of the Enquiry Report, the UPSC gave its opinion on 21/09/2005 holding that the Article-II was

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