A K NARULA Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of counsel for the parties, the writ petition is taken up for final disposal at the motion stage.

(2.) In this writ petition under Articles 226/227 of the Constitution of India, the petitioner seeks the issuance of a writ in the nature of Certiorari quashing the order dated 5.1.2004 passed by the Departmental Promotion Committee (Annexure P-4) rejecting the claim of the petitioner for promotion from Assistant Commandant (now redesignated as Deputy Commandant to the rank of Second-In-Command). The petitioner also seeks the issuance of a writ in the nature of Mandamus directing the respondents to promote him to the rank of Second-In-Command with reference to the DPC on 13.6.1990.

(3.) The petitioner bases his claim on certain observations made by a Division Bench of this Court in the judgment rendered in LPA No. 586/1992 decided on 12.7.2001. The relevant facts have already been noticed by the Division Bench in the aforesaid judgment which may be reproduced verbatim as follows :-