M S MURUGAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE sixth respondent in the Original application No. 44/an/2006 filed by one Shri Mohan Rao and four others (the sixth to tenth respondents in the present case) took out this writ petition feeling aggrieved by the order of the Central Administrative tribunal, Calcutta Bench, Circuit at Port Blair dated May 25, 2007. By the order the tribunal allowed the original application and set aside the ad hoc promotion given to the petitioner to the rank of Assistant Sub inspector.

(2.) BY an order dated October 31, 2005 the Inspector General of Police, a and N Islands promoted the petitioner to the rank of Assistant Sub inspector on ad hoc basis with immediate effect. That order was partially modified by an order dated November 2, 2005 saying that the promotion given to the petitioner would be subject to his qualifying and being confirmed as Head Constable, since he had not undergone the lower school course to make him eligible for the promotional rank. He was directed to undergo the lower school course as early as possible. At those dates (October 31, 2005 and November 2, 2005) the petitioner and the five persons who took out the original application were all in the rank of Head Constable. It is to be noted that their promotions to the rank of head Constable were yet to be confirmed. Questioning the ad hoc promotion given to the petitioner the sixth to tenth respondents took out the original application contending that without considering their cases, the Inspector General should not have given any promotion to the petitioner who was admittedly junior to them in respect of seniority in the rank of Head Constable. By the impugned order the tribunal held that the Inspector General acted arbitrarily and improperly.

(3.) COUNSEL for the petitioner argues that since the petitioner possessed certain qualifications indicating his outstanding performance and achievement as Head Constable working in the force, the Inspector General was competent to give him ad hoc promotion in exercise of power conferred on him by the provisions of the Andaman and Nicobar Police Manual, 1963, Rule 5. 4 (c), which is: