C K SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) We are called upon to decide the validity of the deliberations at the Departmental Promotion Committee held on 3.7.2009 and 14.9.2009 wherein Petitioner's candidature for the post of Special Secretary (RAW) was considered along with other eligible candidates; it is apparent that the Petitioner was declared unfit for promotion. This is the reason why we are being troubled.

(2.) The journey which has to be covered by us passed by an office memorandum dated 3.6.2008. It may be noted that pertaining to the said office memorandum the debate is on the point: Whether the office memorandum introduces a benchmark only for 'in-situ' promotions and not 'regular promotions' qua regular vacancies.

(3.) As a matter of fact, it may be noted that neither party is at variance on the point that at the meetings held by the two DPCs, Petitioner's candidature was considered against regular vacancies to the post of Special Secretary and not for 'in-situ' promotion.