SHAMSHER SINGH SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions relating to two different causes, filed by the petitioner, have been clubbed and heard together. Though SWP no. 2729/2012 is the first in point of time, yet I deem it appropriate to first deal with SWP no. 529/2013, as the reliefs sought in SWP no. 2729/2012 are umbilically connected to those prayed for in SWP no. 529/2013.

(2.) The case of the petitioner shrouded in, somewhat, complex pleadings made in the writ petition, is this: The petitioner is a Member of Central Armed Police (Gazetted) Service. Being DIG, he was an aspirant for promotion to the rank of Inspector General of Central Reserve Police Force (IG CRPF). The Departmental Promotion Committee met on 19.03.2012 and empanelled him for such promotion. The Competent Authority (Appointment Committee of the Cabinet) vide order dated 08.05.2012 approved promotion of the petitioner to the rank of IG, CRPF. Even after having been approved for promotion to the rank of IG, CRPF, and being medically fit possessing Medical SHAPE1, the formal promotion order of the petitioner was withheld on the plea that the petitioner, as per the Annual Medical Examination (AME) report / findings of the CRPF Medical Board was not in Medical SHAPE1 and, therefore, medically not fit. The further case of the petitioner is that on learning about the above finding / report of the CRPF Medical Board, he made a representation dated 03.08.2012 to the Competent Authority in the Ministry of Home Affairs against the Annual Medical Examination (AME) report / finding dated 26.07.2012. The Competent Authority in the Ministry of Home Affairs, on examination / scrutiny, found the representation well founded and made an endorsement thereon to the following effect:

(3.) The Director, Personnel in the Ministry of Home Affairs, on receiving the report of the Medical Examination conducted by the specially constituted medical board by RML, submitted the case of the petitioner and Shri K. K. Sharma, DIG, BSF, to the competent authority for approval of their promotions to the rank of IG in the respective Para Military Forces, viz. CRPF and BSF. It is stated that approval sought for was eventually accorded and, inter alia, the petitioner was promoted to the rank of IG, CRPF, which is evidenced by the communication of Government of India, Ministry of Home Affairs, PERS-III bearing UO no. 11 / 3307 / 80 / PERS / BSF (PERS)-III dated 10.09.2012. The petitioner, it is stated, was informed about his promotion to the rank of IG vide signal dated 18.09.2012 and he was posted as IG (Operations) CRPF, Kashmir.