YADVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the prayer to quash the order of his suspension and to direct the respondents to reinstate him and also to allow him promotion to the next higher post.

(2.) The petitioner joined service as Deputy Superintendent of Police under the Central Reserve Police Force (for short, ') on 15.8.1986. Wife of the petitioner, Smt. Jaswinder Kaur, lodged a First Information Report against the petitioner on 7.8.1990 at Police Station, Keshav Puram, New Delhi. The petitioner was arrested by the Police and he remained in custody between 17.8.1990 and 28.8.1990. He was placed under suspension vide order (Annexure P-7) dated 28.10.1993 issued under Rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules 1965. The petitioner represented against his suspension but he failed to persuade the departmental authorities to revoke his suspension. At the same time, adverse remarks were made in his Annual Confidential Report ending on 31.3.1991 with reference to the registration of the criminal case and the representation made by him was rejected.

(3.) While the petitioner was facing criminal trial, his case for promotion as Deputy Commandant, Central Reserve Police Force, was considered by the Departmental Promotion Committee and a person junior to him namely, Shri Randeep Dutta of 5th Battalion was promoted w.e.f. 17.1.1992. The petitioner says that his recommendations have been kept in sealed cover due to pendency of the criminal case.