NAND KISHORE SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner in WP(C) No. 19186/2016 has preferred this appeal challenging judgment dated 2/6/2020 by which the writ petition filed by him came to be dismissed. The writ petition was filed inter alia seeking for a direction to promote the petitioner from 2012 onwards and to quash Exts.P6 and P9 orders.

(2.) The short facts that have arisen in the case are as under:-

(3.) Respondents in their counter affidavit has stated that prior to the petitioner's posting in the CISF Unit Recruit Training Centre, Bhilai, from 4/1/2012, he was working at CISF National Industrial Security Academy, Hyderabad from 20/3/2007 to 3/1/2012. It is stated that the result of the promotion cadre course was published as per CISFRTC Bhilai Unit Service Order Part-II No.64/2011 dated 18/4/2011 and it was specified that petitioner had failed in physical training module of the course. It is submitted that, in his representation dated 7/9/2012, allegation was that he was not detailed about the supplementary test for physical training conducted during November, 2011. In the meanwhile, he had already qualified in the physical training module as per RTC Bhilai S.O. Part II No.96/2012 dated 20/4/2012. It is in that circumstance that his name was considered in the DPC held on 18/1/2013. Respondents further submit that petitioner was awarded with punishment of '7 days pay fine' for absenting from duty on 21/5/2013. The said order was issued on 7/11/2013 which was later modified as a 'censure' as per Appellate Order dated 18/5/2014. It is further stated that the petitioner had been awarded two minor punishments in the last five years and he was declared 'not yet fit' for promotion.