SURESH CHANDER PARASHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. S. C. Keyal, learned Assistant Solicitor General of India assisted by Mr. S. Kakoti, learned counsel for the respondents.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside of a communication dated 05.07.2017 and an order dated 10.05.2018 with further directions to the respondent authorities to promote the petitioner to the post of Inspector General of Police (I.G.P.), Central Reserve Police Force (C.R.P.F.) with effect from 01.02.2014 i.e. the date from which his immediate juniors were promoted and to provide all the consequential benefits of the post of I.G.P., C.R.P.F. with effect from 01.02.2014. By the communication dated 05.07.2017, the petitioner was informed by the office of the Director General, C.R.P.F. that his representation dated 15.07.2016 as regards his promotion to the rank of I.G.P., C.R.P.F. was considered by a Review Departmental Promotion Committee (D.P.C.) but the Review D.P.C. found the petitioner not suitable for promotion to the rank of I.G.P., C.R.P.F. By the order dated 10.05.2018 issued under the hand of the Under Secretary to the Government of India, Ministry of Home Affairs, which was issued with the approval of the Competent Authority, the representation filed by the petitioner on 03.11.2017, pursuant to an order dated 09.10.2017 passed by the Hon'ble Allahabad High Court in a writ petition, C.M.W.P. No. 46876/2017, permitting the petitioner to submit such representation, for considering him for promotion to the rank of I.G.P., C.R.P.F. was rejected.

(3.) The relevant and pertinent facts, in brief, leading to the institution of the present writ petition by the petitioner who is presently serving in the rank of Deputy Inspector General of Police (D.I.G.), C.R.P.F. are to be noticed for the purpose of appreciation of the issues raised in the writ petition.