BALBIR SINGH SIDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, Deputy Commandant, CRPF, being eligible for promotion to the rank of Second-in-Command was considered by the Departmental Promotion Committee convened on 11-2-1998 along with officers. The Petitioner since could not make the benchmark of "very good" as prescribed by the DPC, was not recommended for promotion; though, Respondent Nos. 5 to 11 along with other officers who could make the benchmark were recommended for promotion. The non-promotion of the Petitioner is the causes of grievance in this petition wherein the Petitioner seeks quashment of promotion order dated 23-3-1998 and a direction that the Petitioner be promoted Second-in-Command from the date his juniors were promoted.

(2.) Few facts necessary for proper appreciation of the grievance put-forth briefly are that the Petitioner was initially appointed as Deputy Superintendent of Police (Company Commander/Quarter Master) (Currently designated as Assistant Commandant) in Central Reserve Police Force vide notification dated 4-12-1986 w.e.f. 17-11-1986. The Petitioner thereafter was promoted as Deputy Commandant vide order dated 17-1-1992 in pursuance whereof he took charge on 21-1-1992.

(3.) Promotion from the post of Deputy Commandant is to that of Second-in-Command and is based on merit-cum-seniority; the DPC where for was convened on 11-2-1998, wherein, the benchmark prescribed was "very good" and the assessment of merit was to be on the basis of the ACR of preceding five years, viz., 1992-93 to 1996-97. The Petitioner since was assessed 'good' was not recommended for promotion.