BEG RAJ INDORIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this proceeding, under Article 226 of the Constitution of India, a direction is sought to quash the order dated 11.12.2012 issued by the Assistant Inspector General, CISF (Headquarters) and further direct the respondents to promote the petitioner as Assistant Commandant (Fire) (hereafter called as AC) in the Central Industrial Security Force (CISF).

(2.) The brief facts are that the petitioner who was appointed as Sub-Inspector (Fire) on 9.11.1991 and confirmed to that post on 13.11.1993.

(3.) In these circumstances, on 11.12.2012, an order was issued promoting eight officers. This did not include the petitioner. He had, in the meanwhile, represented to the Director General, CISF stating that in 2010 he was given direction by the competent authorities to carry out annual medical examination at the CAPF composite hospital and also issued a movement to carry out that order at the CAPF composite hospital, Allahabad. However, in 2011, he was not given any such order and, therefore, he resorted to medical examination at some other Unit. It is argued that the respondent?s omission to consider the petitioner?s candidature, and in proceeding to promote officers junior to him, is arbitrary and unjustified.