JAI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks the following reliefs: (a) To issue appropriate writ, order and/or directions to quash the office orders marked as Annexures 'A' and 'B' by which petitioner's name has been removed from the approved 'D' list; (b) To issue appropriate writ/direction/orders to direct the respondents to declare the petitioner to be on the approved list 'D' and promote him as Sub-Inspector from back date when his batch-mates were promoted; (c) To issue appropriate writ/direction/order to direct the respondents to give him all the benefits and pay and allowances from that day in the capacity of a Sub-Inspector; (d) To pass such other order or orders that your Lordships may deem fit and proper in the circumstances of the case.

(2.) The petitioner's name was found in the approved 'D' list for promotion as Sub-Inspector. However, by virtue of the impugned orders his name was removed, resulting in the denial of the promotion to the petitioner.

(3.) Some of the relevant facts are that the petitioner joined as a Constable in the Central Reserve Police Force. In the year 1980; he was promoted. Petitioner also received a few awards for good performance. In the year 1986, he appeared for the written test in English which he passed. Thereafter he appeared for outdoor tests including interview. Since the petitioner was found to be fit and passed the tests, he was informed accordingly in November 1986. His name was included in the approved 'D' list for promotion. The petitioner however, found that as and when the vacancies arose several Head Constables who had been in the approved 'D' list alongwith the petitioner were promoted but the petitioner was not promoted. In January 1988 there was another test in respect of another batch and those who were successful and whose names were found in the 'D' list thereafter were also promoted. In these circumstances, petitioner enquired as to why he was not promoted. The petitioner was shown an office order stating that petitioner was involved Bangla Sahib Gurudwara incident dated 5.12.1986 at Delhi in which three personnel of C.R.P.F. died and there are three enquiries pending in respect of the said incident and the petitioner had not shown required standard of efficiency after the said incident. It is in these circumstances, that his name was removed from the approved 'D' list as per Rule 65 of the Central Reserve Police Force Rules, 1965 (the Rules). Therefore, the petitioner approached this Court questioning the impugned orders which he obtained after he was told of the reason for his non-promotion.