MUKESH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) All these writ petitions pertain to similar issue, hence are being disposed of by this common judgment.

(2.) The petitioners before this Court were initially appointed as Constables in Indo Tibbetan Border Police (hereinafter referred to as "ITBP"). A promotional exercise was conducted by ITBP for the promotion of Constables to the post of Head Constables in which the present petitioners participated. The promotions were to be made on a total number of 120 posts. The examination was held in the months of January and February 2011 at Dehradun. In the said selection process 2 Constables were found medically unfit and 82 Constables were selected for promotion. Subsequently, they were given appointment letters.

(3.) Thereafter there was some complaint regarding the entire selection process such as favoritism, nepotism and bribery etc. in the examination. On the basis of the said complaint, the respondents conducted preliminary departmental enquiry and thereafter Central Bureau of Investigation (in short "C.B.I.") also conducted an enquiry in the mater and on the basis of the reports, the respondents came to the conclusion that the appointments of the petitioners were wrong and now they were cancelled vide order dated 05.12.2011. In fact the entire selection was cancelled. All the Constables, who are thereby reduced in rank, filed writ petitions before this Court. Apart from them, the other groups of petitioners have filed writ petitions before Delhi High Court, Orissa High Court and Madhya Pradesh High Court as well. In the writ petition (WPSS No. 1840 of 2011) filed before this Court, the same was allowed vide order dated 28.02.2012 by the learned Single Judge of this Court. This Court has been informed that the special appeal has been filed against the said order, which is still pending before this Court. The operative portion of the order dated 28.02.2012 reads as under:-