A S JOHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This, writ pwtition is filed by the petitioner praying for quashing of the proceedings of the Departmental Promotion Committee dated 10/11-8-1998 wherein the case of the petitioner for promotion was rejected by the said Departmental Promotion Committee as unfit on account of his confidential records with a further prayer for directing the reswpondents to promote the petitioner to the post or Deputy Commandant with with effect from 7.10.1998 and to grant him all the consequental benefits.

(2.) The petitioner joined Border Secutiry Force on 15.2.1993 as direct entry Assistant Commandant. After successfully qualifying basic training course the petitioner was posted as Assistant Commandant to the 12th Bn Border Security Force and thereafter to 72 Bn from 1st April, 1994 to 13/12/1995 of the Border Security Force. He also served on 73 (I S duty in Kashmir and 54 Bn (I S duty Handwara). The pwtitioner while serving with 54 Bn Border Security Force met with a scooter accident on 14.12.1995 outside the BSF Camp, Jammu. Due to the aforesaid accident the petitioner was forced to remain on medical leave upto 7.6.1998. Consequently, his Confidential Reports fur the period 14.12.1995 to 31.3.1998 were not initiated and non-initiation certificate was issued for the aforesaid delayed period.

(3.) However, since the petitioner came within the zone of consideration for his promotion to the post of Deputy Commandant, the case of the petitioner was considered for such promotion by the Departmental Promotion Committee, which held its sitting on 10/11-8-1998. The said Committee, however, declared the petitioner unfit for promotion to the post of Deputy Commandant after considering his confidential records of service and other basic course reports. Being aggrieved by the aforesaid actions of the respondents in not promoting the petitioner to the post of Deputy Commandant, the present petition was filed.