BRIJ BHAWAN CHOUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 1.12.1998 (Annexure -4) whereby the case of the petitioner for promotion to the post of Sub Inspector (MR) under 10% unqualified quota has been rejected. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to promote him as S.I. (MT) under 10% unqualified quota.

(2.) SHORT facts giving rise to the present application are that the petitioner was appointed as Constable on 5.3.1980 in the Central Reserve Police Force. He was awarded President Medal for gallantry in the year 1989. for action against the terrorist in Punjab on 17.10.1987. At that point of time petitioner was in the rank of Constable. Petitioner was promoted as Lance Naik (Driver) with effect from 10.1.1991, Naik (Driver) with effect from 7.4.1994 and Hawildar from 10.10.1997. By communication dated 4th April, 1998 details of personnel who have been awarded presidents Police Medal for gallantry and the Prime Ministers Life Saving Medal besides of other categories were asked for promotion under 10% unqualified quota. The Deputy Inspector General of Police by Communication dated 10th of June, 1998 (Annexure -2) informed to the Inspector General of Police about the gallantry award given to the petitioner by the President in the year 1989 for action against terrorist in Punjab on 17.10.1987. Name of the petitioner was further recommended by letter dated 31.8,1998 stating that the petitioner is eligible for next rank promotion under 10% unqualified quota. Aforesaid recommendations were considered but the same has been rejected by the competent authority due to inordinate delay in sending the proposal. Besides the aforesaid reason to deny promotion under 10% unqualified quota to the post of Sub Inspector (MR), respondents have further stated that the petitioner was given the President Medal for gallantry as Constable and not as a Head Constable and, therefore, not qualified for Promotion as Sub -Inspector (MT) under 10% unqualified quota.

(3.) HAVING appreciated the rival submission I find substance in the submission of Mr. P.K. Shahi. It is not in dispute that the petitioner was given Presidents Medal for gallantry in the year 1989 while he was a Constable. Thereafter he was promoted as Lance Naik, Naik and Hawildar. Thus the belated claim of the petitioner for promotion as Sub Inspector was absolutely misconceived and was rightly rejected.