SHARAF ALI U Vs. UNION OF INDIA

JUDGEMENT

(1.) ORIGINAL Petition is filed challenging Ext.P1 order whereunder petitioner's challenge against his removal from the zone of consideration for selection to the cadre of I.P.S. was confirmed by the Tribunal. The petitioner happens to be in the Armed Forces Battalion which is not treated as part of the Principal Police Service of the State i.e. the Executive Branch of the Police, service in which alone qualifies for consideration for appointment to the cadre of I.P.S. From the order what is clear is that the issue stands settled by decision of the Tribunal and the High Court and the Supreme Court, which is against the petitioner. So much so, there is no scope for interference with the Tribunal's order on this issue. However, counsel further raised a contention that prior to the ban on Armed Forces personnel, there was selection to I.P.S. Cadre including those serving the Armed Forces Battalion. During the selection held when petitioner was eligible, he was not considered, which according to the petitioner is illegal. However, we do not find this contention raised or decided by the Tribunal. So much so, we cannot consider this issue raised for the first time in the W.P.(C). If Tribunal has not considered any issue raised before it in the O.A., it is for the petitioner to move the Tribunal in review or other appropriate proceeding. With this observation we dismiss this O.P.(CAT). If there is delay to file review, it is for the petitioner to move for condonation of delay before the C.A.T.