J U D G M E N T

: REVA KHETRAPAL, J.

1. The Petitioner, a serving Deputy Inspector General (DIG) in the Coast Guard, has challenged the recommendations of the Departmental Promotional Committee (DPC) for promotion to the rank of Inspector General (IG) held on 23.07.2009 as illegal, arbitrary and conducted on the basis of amended selection policy just a month prior to the holding of Selection Board. The Petitioner also seeks to challenge the actions of the Respondent No.2 (Director General) in endorsing an Annual Confidential Report of the Petitioner covering the period from 1st February, 2008 to 31st January, 2009 despite not having observed the performance of the Petitioner for the mandatory period of 90 days as required under the extant policy, as contained in Coast Guard Order No.4/2005 and other policy instructions regarding writing of confidential reports issued from time to time. The following prayers are made in the writ petition:

“A) To issue an appropriate writ order or direction in the nature of certiorari to Respondents and call for records pertaining to Confidential Report on the Petitioner covering the period from 01 Feb 2008 to 31 Jan 2009;

B) To issue an appropriate writ order or direction in the nature of certiorari to Respondents and quash the report especially endorsement made by RO being ex facie contrary to the policy instructions of Respondents, as contained inter alia in Coast Guard Order No.4 of 2005 and various other policy instructions regarding writing of confidential reports issued from time to time.

C) To issue an appropriate writ order or direction in the nature of certiorari to Respondents and summon the proceedings of Promotion Board No.1 held on

23.7.09;

D) To issue an appropriate writ order or direction in the nature of certiorari to Respondents and quash the said Board proceedings being arbitrary and illegal;

E) To issue an appropriate writ order or direction in the nature of certiorari to Respondents and quash para

7 of Coast Guard Order No.2 of 2009;

F) To issue an appropriate writ order or direction in the nature of mandamus directing Respondents to consider the Petitioner for promotion to the rank of Inspector General in accordance with law.

G) Pass such and other orders, as this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The Petitioner joined the Coast Guard in the rank of Assistant Commandant in January, 1984. The career graph of the Petitioner as delineated in the petition is as follows. Ever since the date of his joining the Coast Guard and in the course of his unblemished service career spanning nearly 2 scores of years, the Petitioner had an outstanding career and maintained an ascending career graph earning promotion to various ranks at first look based on his ACR grading. The Petitioner was placed first in the merit during the DPC held in the year 2005 for promotion to the rank of DIG. He is presently holding the rank of Deputy Inspector General (DIG) to which rank he was promoted in the year 2005. The next promotion to which he is eligible to be considered is Inspector General.

3. The Petitioner is an alumni of Naval War College (USA). He was the first Coast Guard Officer to be selected for this course based on outstanding performance and his position vis-à-vis other officers in the panel. The Petitioner was awarded the Tatrakshak Medal by the President of India on 15th August, 2007 for meritorious service and was also commended on two separate occasions by the Director General for his exceptional work. In May, 2006, he was first in merit among DIGs and was shortlisted for National Command College (NCC) Korea. Subsequently, in September, 2008, he was once again first in merit amongst the 5th Batch officers for National Defence College (NDC) Course at New Delhi.

4. On 16.02.2009, post the 26/11 attack on Mumbai, the Cabinet Committee on Security (CCS) approved one post of Addl. DG, three posts of IG (GD) and one post of IG (Tech) and communicated the