P C ABRAHAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved against the rejection order of the fourth respondent dated 28.5.1998, in and by which his representation as regards non-consideration of his promotion earlier to the year 1998, was sought to be remedied.

(2.) BRIEF facts which are required to be stated are: The petitioner joined as a Constable in the Central Industrial Security Force (C.I.S.F.) on and from 12.3.1982. In the year 1995, he was imposed with the punishment of reduction of pay by two stages, i.e. from Rs.900/- to Rs.870/-, which was to operate for a period of one year with effect from 1.2.1995. By virtue of the said punishment imposed, he was not considered for promotion in the review Departmental Promotion Committee (D.P.C) held for the year 1994 for being promoted from the post of Constable to the post of Lance Naik. Subsequently, he was promoted to the post of Lance Naik notionally with effect from 1.2.1996, i.e. after completion of the punishment period. Thereafter, his case fell for consideration for promotion to the post of Head Constable. By applying the Circular Instructions 5/91, the petitioner was found "BELOW AVERAGE / NOT FIT". Thereafter, the turn for being promoted to the post of Head Constable occurred only in February 1998 and accordingly, he was promoted notionally with effect from 26.12.1998 and he physically assumed charge as Head Constable (G.D) on and from 25.9.1999. Aggrieved against such belated promotion, and also expressing the grievance that his juniors got promoted earlier in point of time, the petitioner appeared to have made a representation, which came to be rejected by the order impugned in the writ petition.

(3.) A reading of Rule 70 of the C.I.S.F. Rules, makes it clear that in respect of the members of the C.I.S.F. and as regards the conditions of service for which if no provision is made or the provisions contained in the Rules are insufficient, then and then only the members would be governed by the other Rules applicable to the corresponding post in the Central Government, namely C.C.S. (C.C.A) Rules.