PAWAN KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC appearing for the respondents.

(2.) This writ petition is preferred by the petitioner, who is presently holding the post of Commandant in the Central Reserve Police Force. The petitioner initially joined his services as Deputy Superintendent of Police. Subsequently, he was promoted to the post of Deputy Commandant. During his service career, there were several representations filed by the writ petitioner for promotion, which were overlooked by the authorities. A departmental enquiry was instituted against the writ petitioner in the year 2009. The departmental enquiry concluded finally on 31/12/2013. The enquiry committee recommended the penalty of reduction of pay by two stages for 2 years without curtailing the increment of pay. Subsequently, the Departmental Promotion Committee (in short DPC) recommended the petitioner for promotion on 22/6/2015. However, the promotion was subsequently given effect to with effect from 1/1/2016. The petitioner was found fit and recommended by the DPC for promotion on 22/6/2015. His promotion, however, was given with effect from 1/1/2016. Being aggrieved, the petitioner represented before the authorities concerned. The said application was subsequently rejected. Being aggrieved, he has approached this Court praying for appropriate reliefs.

(3.) The learned counsel for the petitioner submits that he had accepted the punishment imposed on him which was "stoppage of two increments for 2 years". He submits that during the period the petitioner was undergoing the penalty, his case was considered for promotion to the next higher rank and the DPC had recommended the petitioner for promotion on 22/6/2015. But the effect of the promotion was given only from 1/1/2016 on the ground that the petitioner did not complete the period of penalty.