SUKUMAR PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The short point involved in the writ petition is whether an order of promotion can be stalled or nullified by issuing a chargesheet subsequently.

(2.) The petitioner has challenged the action on the part of the respondents for not implementing the order of promotion to the rank of Assistant Security Commissioner, Group-'A' Junior Scale in view of the fact that such promotion was approved by the concerned Ministry. The petitioner is an Inspector of the Railway Protection Force (RPF). The Departmental Promotion Committee, after considering the seniority-cum-suitability of the petitioner selected him for the promotion of the higher rank as mentioned above. His name was recommended before the competent authority for approval.

(3.) At that point of time, neither any departmental proceeding nor any criminal proceeding was pending against him and this was also certified by the Senior Security Commissioner to the I.G. After obtaining the clearance from all concerned the Railway Board approved the promotion of the petitioner. He was posted at the Railway Protection Force Academy, Lucknow.