BARKHOO RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The jurisdiction of the Review Departmental Promotion Committee ( in short, ' Review DPC') in terms of the extant rules is the question involved in this writ petition.

(2.) The petitioner was appointed as Lower Division Clerk by respondent No. 2. He was confirmed in the said post. He was promoted to the post of Upper Division Clerk. He completed the eligibility period of 5 years for promotion to the post of Inspector in the year 1993 along with other eligible candidates. According to the petitioner, he obtained the second highest mark in the said examination. Thereafter he appeared in the physical test. This test is. required to be held every time in terms of circular dated 23.10.1974 issued by the Central Board of Excise and Customs, New Delhi ( in short, 'the Board' ) addressed to the Narcotics commissioner, Gwalior. A regular meeting of the DPC for promotion of the eligible candidates to the Grade of Inspector from UDC/Steno Grade III for the year 1995-96 was held on 24/25.08.1995. There were 5 vacancies wherefor admittedly 14 candidates were interviewed whereas for another vacancy in relation to reserved category, two other candidates were interviewed. Thus, 16 candidates, in total, were interviewed. The petitioner secured 4th position upon obtaining 68 marks in aggregate. He was promoted on 06.09.1995. According to him, he would be deemed to have confirmed on the said post after completion of the period of probation. He also completed his training and became a trained Inspector on or about 12.08.1998.

(3.) It is not in dispute that the petitioner received a letter dated 05.10.1998 on 14.10.1998 asking him to appear again for interview before the Review DPC scheduled to be held on 16.10.1998. According to the petitioner, although there was no sufficient time for the petitioner for his preparation to appear at interview, he appeared thereat.