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2024 Supreme(Gau) 786

SOUMITRA SAIKIA
Pawan Kumar Tiwari S/o Adya Prasad Tiwari – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T. Kalita.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC appearing for the respondents.

2. This writ petition is preferred by the petitioner, who is presently holding the post of Commandant in the Central Reserve Police Force. The petitioner initially joined his services as Deputy Superintendent of Police. Subsequently, he was promoted to the post of Deputy Commandant. During his service career, there were several representations filed by the writ petitioner for promotion, which were overlooked by the authorities. A departmental enquiry was instituted against the writ petitioner in the year 2009. The departmental enquiry concluded finally on 31.12.2013. The enquiry committee recommended the penalty of reduction of pay by two stages for 2 years without curtailing the increment of pay. Subsequently, the Departmental Promotion Committee (in short DPC) recommended the petitioner for promotion on 22.06.2015. However, the promotion was subsequently given effect to with effect from 01.01.2016. The petitioner was found fit and recommended by the DPC for promotion on 22.06.2015. His promotion, however, was given with effect f

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