SATPAL SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner, a Head Constable (General Duty) in the Central Industrial Security Force (CISF) is aggrieved by the inaction of the respondents with regard to grant of the third financial up-gradation in terms of the Modified Assured Career Progression Scheme (MACPS), made applicable to his employer, with effect from 28.07.2009.

(2.) The relevant facts are that the petitioner was recruited to the CISF, in 1982. It is not in dispute that he was granted two previous progressions/benefits akin to promotion. After being charged with commission of misconduct on 23.09.2010, the petitioner was proceeded with departmentally. The charges culminated with a finding of guilt; a resultant penalty order was issued on 28.05.2011 whereby a future increment was directed to be withheld for two years without cumulative effect. This order was unsuccessfully appealed against the appellate authority rejected the petitioner's plea on 23.07.2011. The petitioner contends that when his case for consideration of the third financial up-gradation under the MACPS came up, he was denied the benefit on 27.04.2013 on account of application of the Director General, CISF's instruction No.E-31014/24/2011/Estt-I/229 dated 28.09.2012/01.10.2012 (hereafter referred to as "the impugned circular").

(3.) The relevant condition which is in the form of a disqualification, which in the present case was applied, reads as follows: