JASPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner who is a Deputy Inspector General (DIG) in the IndoTibetan Border Police Force (ITBP) has challenged an order dated 11th January, 2019 passed by the Deputy Inspector General (Pers.) in the Directorate General, ITBP at New Delhi, placing Respondent No.4, Ishwar Singh Duhan, above the Petitioner as DIG.

(2.) A challenge is also laid to the proceedings of the Review Departmental Promotion Committee (Review DPC) dated 23rd October, 2018 whereby Respondent No.4 was declared as fit for promotion despite not meeting the eligibility conditions in his Annual Confidential Rolls (ACRs) and has been promoted as Additional DIG with effect from 30th May, 2007. The third relief is for a direction to the Respondents to maintain the Petitioner's original seniority in the rank of Additional DIG, as it existed prior to the change brought about by the impugned orders and consider the Petitioner for promotion to the post of Inspector General (IG) if found fit, with all consequential benefits.

(3.) A DPC was convened on 27th February, 2007 for making promotions to the rank of Additional DIG from among Commandants. Those at Sl. Nos.2 to 21 in the seniority list of Commandants were considered for such promotion. Respondent No.4, who was at Sl. No. 9, was found not fit for promotion due to adverse remarks in his ACR for the period 2004-2005 and average grading during the year 2005-2006. The Petitioner was at Sl. No. 14 in the seniority list of Commandants.