BRIJ BHAWAN CHAUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) INDEED there is an error in the order which has been passed on the writ petition dated 8 July, 2003 on CWJC. No. 996 of 2002 : Brij Bhawan Choubey V/s. Union of India & Ors.

(2.) THE issue plainly was whether the petitioner -appellant was entitled to a promotion regard being had to the circular of the Government of India dated 4 April, 1998 as contained in Annexure 1 to the writ petition. This circular which was issued by the Directorate of the Inspector General of Police, Central Sector, CRPF, Lucknow (U.P.) had solicited recommendations for award of promotion. Four criteria were referred to for promotion under 10% unqualified quota. The petitioners case was recommended and this is on record of communication dated 3 August, 1998 as contained in Annexure 3 to the writ petition. The petitioner had been recommended along with another personnel. The context of such promotions is entirely different than routine promotions. These promotions on which the petitioner was recommended are in recognition of gallantry awards and exceptional high standard of service in field operations.

(3.) IN this connection, this court would like to say that the case of the petitioner had been rejected by the competent authority because of inordinate delay in sending the proposal. In the circumstances, on record the only reason why it was rejected is that the proposal had been sent belatedly. On this there is no fault of the personnel in uniform.