UNION OF INDIA AND OTHERS Vs. MANJIT KOUR

JUDGEMENT

(1.) This appeal is filed against the order made in SWP No. 2142/1999 dated 03.08.2001 wherein the respondent challenged the denial of promotion.

(2.) Brief facts of the case are that the respondent-writ petitioner filed a writ petition (SWP No. 2142/1999) seeking quashment of an order dated 07.04.1997 wherein the name of the respondent was deleted from the consolidated list E circulated vide order dated 08.05.1996 and that the respondent-writ petitioner was charged for an offences under section 40 of BSF Act on 11.10.1996. It was further stated that no offence has been made out against the writ petitioner, therefore, the punishment awarded to him is against law and perverse of the evidence and that he was no supplied the copies of summary trial proceedings as provided under section 129 of BSF Act, therefore, he could not file the appeal before the competent authority against the sentence and finding of the summary proceedings.

(3.) The appellants herein filed the objections to the writ petition stating therein that the name of the writ petitioner was brought on consolidated list E but was deleted as he had committed a offence under section 40 of the BSF Act for which he was tried and was awarded Severe reprimand. It was further stated in the objections that the writ petitioner had appeared in the DPC held at SHQ on 9th of November 1998 but could not qualify the same and was declared fail in the DPC, therefore, he is not entitled for promotion to the rank of Subedar.