DEBASIS BANDOPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a member of the Railway Protection Force (hereafter RPF), presently posted at RPF Post, Bolpur under Howrah-II Division as an inspectorin- charge. It is claimed by him that he was considered for promotion to the rank of Assistant Security Commissioner (Junior Scale); that based on the recommendation of the departmental promotion committee, a select list was prepared wherein his name figured; and that such list on receiving the approval of the Ministry of Railways and clearance from the vigilance cell, a posting order dated August 12, 2013 was issued by the Director, RPF posting the promotees at various places. Insofar as the petitioner is concerned, he was posted as Assistant Security Commissioner at Alipurduar junction under North Frontier Railway against an existing vacancy vide such order. It is also claimed that although the other promotees were allowed to join the respective posts, the petitioner was disallowed joining on the ground of a contemplated disciplinary proceeding against him for which he was placed under suspension vide order dated August 5, 2013 passed by the Senior Divisional Security Commissioner, RPF. This was followed by charge-sheet dated September 2, 2013 issued by the same officer.

(2.) The petitioner complains that the disciplinary proceeding against him has been initiated mala fide to deprive him the fruits of his devoted and sincere service resulting in he being found fit for promotion by the departmental promotion committee and the approval of its recommendation by the Ministry of Railways (Railway Board).

(3.) Mr. Majumdar, learned advocate appearing for the petitioner vehemently contended that as on date the Ministry of Railways (Railway Board) approved the recommendation of the departmental promotion committee, no disciplinary proceeding was pending against the petitioner and merely on the ground of issuance of an order of suspension the respondents acted illegally in not allowing him to join the promotional post. He has, accordingly, prayed for an order on the respondents to allow the petitioner to join on the basis of the posting order on promotion, notwithstanding that the disciplinary proceeding is pending.