BAL KRISHNA DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed wherein the direction has been sought for upon the opposite parties to give promotion to the petitioner by recasting his seniority at par with his juniors with all other consequential service benefits.

(2.) The brief facts of the case is that the petitioner is an enrolled member of the Force and he was appointed as Constable/Security Guard on 02.09.1975 and thereafter he has been transferred and posted to different C.I.S.F. Units at different Industrial Undertakings throughout India. While working at BHEL, Haridwar, he was proceeded departmentally vide order dated 22.09.1988 which was culminated into the order of punishment of withholding one increment with cumulative effect under the provision of Rule-35 of the Central Industrial Security Force Rules, 1969.

(3.) The case of the petitioner is that he although was at par with private opposite parties, but denied his promotion to the higher post without any fault on his part and as such, he has approached to this Court for issuance of appropriate direction in this regard.