MOHAN CHANDRA BHATT Vs. UOI

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution, the petitioner prays for quashing of order of promotion dated 2.2.2000, whereby, the petitioner stood superseded by the third respondent, a junior officer.

(2.) First, the facts in a nut shell:-

(3.) The petitioner entered the Indo Tibetan Border Police Force (in short, ITBPF) on 10th December, 1973 as a direct entry officer. His initial appointment was as a Company Commandant, but by September 1989 he had reached the level of Commandant. After about a decade two vacancies arose in the Force for the post of Additional Deputy Inspector General, a selection post. The petitioner along with seven other persons was within the zone of consideration. Accordingly, a DPC was convened in the month of Jan. 2000, and the case of the petitioner was considered for promotion to the said post with the other candidates. For the said purpose the ACRs of the eight incumbents were placed before the DPC for consideration. The result of the DPC was announced on 2nd Feb. 2000, whereby, the names of one Shri D.K.Sharma and Sh. Daljit Singh, the third respondent herein, were selected for the two vacancies which had accrued. It is the case of the petitioner that it was then that he came to know that he had been overlooked.for promotion to the post of Additional Deputy Inspector General. In so far as the promotion of Shri O.K. Sharma is concerned, the petitioner has no grievance, the former being admittedly senior to the petitioner, but the petitioner is aggrieved by his non promotion and the promotion of a junior officer, viz Shri Daljit t Singh, the third respondent herein. The petitioner accordingly knocked at the door of the Director General, ITBPF and was granted interview on 14th March, 2000. The petitioner thereafter on the latter's advise also preferred a representation to the Union Home Secretary, Ministry of Home Affairs, Government of India on 5.4.2000 which, however, was rejected by the said Ministry vide communication dated 20th Jan. 2000. No other avenue being available to the petitioner, he filed the present writ petition.