KASTURI LAL BHAGAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been preferred challenging the order dated 10th August, 2007, passed by the Central Administrative Tribunal, Chandigarh Bench, whereby the original application filed by the petitioner, seeking relief of constitution of Review DPC for his selection and induction in IPS with effect from 1998 and consequently allotting 1994 as the order of allotment, has been rejected. With a view to understand the controversy in correct perspective, it is necessary to give brief background of the material facts as emerge from the records.

(2.) It is against this order dated 10th August, 2007, that the present petition has been filed before this Court.

(3.) Objections have been filed on behalf of official respondents 1, 2 and 6, wherein the stand taken is that the selection has been made in a fair and objective manner on the basis of the relevant records by following the relevant rules and regulations and, therefore, it was urged that the same requires no interference. A further objection has been raised that the petitioner has failed to array all those officers over whom he wanted his seniority to be fixed and in the absence of such officers, the petition was not maintainable. It was urged that the petitioner was duly considered by the Selection Committee on the service records made available by the State Government which subsequently culminated in the approval of the select list resulting in appointments by Government of India, Ministry of Home Affairs, under the provisions of IPS Promotion Regulations. It was further urged that the Promotion Regulations governing promotions did not provide for suo moto review of the selection already made and approved by the Commission and already acted upon by the Government of India.