LAWS(SC)-2021-11-26

MOHD. MUSTAFA Vs. UNION OF INDIA

Decided On November 16, 2021
MOHD. MUSTAFA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Mohd. Mustafa, the Appellant in Civil Appeal arising out of SLP (C) No.14623 of 2020, retired on attaining the age of superannuation during the pendency of these appeals. As the contentions raised by Appellants in both the civil appeals are similar, we shall refer to the facts of Civil Appeal arising out of SLP (C) Nos. 14982-14985 of 2020. Mr. Siddharth Chattopadhyaya was inducted to Indian Police Service in 1986 and allocated to Punjab cadre. The post of DGP (HoPF), State of Punjab was required to be filled up due to the ensuing retirement of Mr. Suresh Arora. A letter was written by the Union of India on 19.01.2019 to Respondent No.1-UPSC to initiate the process for appointment to the post of DGP (HoPF) for the State of Punjab. A list of 12 officers who were working in the rank of DGP/additional DGP and who had completed thirty years of service was forwarded by the State of Punjab. The Appellant was included in the said list.

(3.) The Empanelment Committee constituted by the UPSC finalised a panel consisting of Mr. Dinkar Gupta-Respondent No. 4, Mr. M.K. Tiwari- Respondent No.6 and Mr. V.K. Bhawra Respondent No.7. The State Government selected and appointed Respondent No.4 as DGP (HoPF) from the said panel. Challenging the selection and appointment of Respondent No.4 as DGP (HoPF), the Appellant and Mohd. Mustafa filed Original Applications in the Central Administrative Tribunal. The Tribunal, by its order dated 17.01.2020, allowed the Original Applications and set aside the panel prepared by the Empanelment Committee on 04.02.2019. Consequently, the selection and appointment of Respondent No.4 as DGP (HoPF) was set aside. The Tribunal directed preparation of a panel of three senior-most officers afresh strictly in accordance with the judgment of this Court in Prakash Singh's case (supra).