SURENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner Joined the service of R-2 CISF as a Constable on 3rd January, 1985. Some time in 1991 he was awarded punishment of censure on the allegation that at the time of duty he was found sleeping. In or about the end of February or beginning of March, 1991 the office of R-2 took out the notice that personnel already working as Constable CISF would appear in any of the recruitment camps, scheduled to be held on 25th March, 1991 at different places in the country for recruitment to the post of the Head Constable/Driver-cum-Pump OperatorC Fire). There was advertisement for open selection from the public in general also. The petitioner was one of the successful candidates and Joined his duties as Head Constable on 16th November, 1991 and was sent to a training camp at Fire Service Training Institute, Deoli Rajasthan. Incidentally, he received second censure when he was posted as HC on account of his having lost Identity Card though he took the plea that the said Card was lost when he was on active duty of extinguishing the extensive fire in the Indian Petro Chemical Limited Plant, Nago Thane.

(2.) However in 1996 he was superseded for the post of Assistant Sub-Inspector which was through promotion as he could not obtain requisite qualifying 50 marks due as 3 marks were deducted on account of minor punishment of 'censure' awarded to him when he was a Constable, and 3 more marks were also deducted as he was again administered punishment of 'censure' as Head Constable. His total tally reached 47 as against 50. Feeling aggrieved he made representation to the Director General but it did not find favour with him and was rejected. Hence this petition.

(3.) Guidelines for the Departmental Promotion Committee for non-gazetted personnel of the CISF are contained in circular no Fire/03/94. The eligibility from amongst the Head Constables(Fire) and Head Constable (Driver )/Operator/Fire ) for promotion to the rank of ASI is as under:-