PRADEEP SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition under Article 226 of the Constitution of India has been filed for quashing of the impugned Order dtd. 29/10/2021 issued by the respondent No. 2 demoting the petitioner from Inspector to Sub-Inspector and also for direction to respondent No. 2 to give ad hoc promotion to the petitioner till the disposal of the criminal case as per DPC Guidelines dtd. 10/4/1989 Rule 17.8.1 with further direction to the respondent not to make any recovery of salary or any amount from the petitioner. The petitioner has also sought directions for setting aside Rules 13(3), 13(5), 13A of CCS Rules/Clause/Condition and Rule 11.1 of DPC Guidelines dtd. 10/4/1989 which put illegal conditions for promotion

(2.) The vignette of facts are that the petitioner (having UIN no. 13240774) joined Sashastra Seema Bal (hereinafter referred to as "SSB"), the respondent No. 2 herein, on 23/11/2012 and after his training was completed, he joined the 51st Bn, Sitamarhi-II as Sub-Inspector, General Duty in 2014.

(3.) The name of petitioner was approved for promotion from Sub-Inspector, General Duty, to Inspector, General Duty vide Office Order No. 147/51st BN/SSB/EII/Promo(SOs)/GD-Cadre/Vol-11/18/11689-706 dtd. 13/6/2018, by the Departmental Promotion Committee (hereinafter referred to as "DPC") after following due procedure for promotion and clearance from the Department.