UNION OF INDIA Vs. SUKHMOHINDER SINGH AND OTHERS

JUDGEMENT

(1.) This judgment will dispose of CWP Nos. 15847-CAT and 16723-CAT of 2004 as the

(2.) CWP No. 15847-CAT/2004 has been filed by Union of India and CWP No. 16723- CAT of 2004 has been filed by Union Public Service Commission. The petitioners have filed the writ petitions under Articles 226/227 of the Constitution of India, seeking the issuance of a writ in the nature of Certiorari quashing the order dated 15.9.2004 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in OA No. 617-PB of 2004.

(3.) The factual position is not controverted. Initially Sukhmohinder Singh, who is respondent No. 1 in CWP No. 15847-CAT/2004 and respondent No. 5 in CWP No. 16723-CAT/2004, joined the Punjab Police as Assistant Sub-Inspector in the year 1968. He was promoted as Sub Inspector on 26.8.1972 and as Inspector on 30.8.1981. He was subsequently promoted as Deputy Superintendent of Police in the State of Punjab on 27.1.1988. He was confirmed on the aforesaid post on 26.2.1990. Thereafter, he was promoted as Superintendent of Police in his own rank in December, 1991 and was promoted on ad hoc basis in 1994. He was eligible to be considered for promotion to the Indian Police Service in the category of confirmed State Police Officer having the designation of Deputy Superintendent of Police. By letter dated 24.3.2001, in accordance with the relevant rules, the Government of India Ministry of Home Affairs determined the year-wise vacancies for the years 1999, 2000 and 2001 as 4, 3 and nil respectively. The Selection Committee meeting for preparation of the year-wise list for the year 1999-2000 for promotion of the State Police Officers to IPS Cadre of Punjab was held on 25.1.2002. A select list had been prepared for the year 1999 and the name of respondent-Sukhmohinder Singh was included at Sr. No. 3 thereof. He was also included in the select list for the year 2000. His name was at Sr. No. 1 against the four vacancies for the year 1999 and three vacancies for the year 2000. Overall assessment of Sukhmohinder Singh was shown as "Very Good." However, at the time of the meeting, the State Government informed the Select Committee that criminal proceedings were pending against Sukhmohinder Singh. At that time, Sukhmohinder Singh was posted as Assistant Inspector General of Police. He had already been issued the necessary integrity certificate.