RAJDEV SINGH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged departmental communications under which his request for promotion has been rejected.

(2.) Brief facts are as under :

(3.) According to the petitioner, two persons in his cadre who are junior to him namely, Shri G.R. Pillai and Rampal Singh, in the meantime have been promoted to the next post of Commandant ignoring the claim of the petitioner. The petitioner, therefore, made representations to the department for grant of promotion. By the impugned communications, his request was refused. In one such communication dated 02.07.2020 it is stated that the criminal case is still under investigation and, therefore, the petitioner cannot be promoted for want of vigilance clearance. At that stage, the petitioner has filed the present petition. His request is that he should be promoted to the post of Commandant since when his turn arrived for consideration for promotion, neither departmental charge-sheet was issued nor charge-sheet filed in the criminal case. Obviously, the petitioner is placing heavy reliance on the decision of the Supreme Court in case of Union of India and others v. K.V. Jankiraman and others reported in (1991) 4 SCC 109. Learned counsel for the petitioner vehemently contended that on the date when the petitioner's juniors were promoted, the department had not yet issued a departmental charge-sheet, nor CBI had presented its charge-sheet before the criminal court. Subsequent presentation of the charge-sheet would not take away the petitioner's right which was denied at the relevant time. He, therefore, submitted that the respondents be directed to open the sealed cover containing the recommendations of the petitioner if they have followed sealed cover procedure, or else the respondents be directed to convene a review DPC to consider the case of the petitioner as on the date on which his juniors were considered.