JANAK RAJ Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Admitted case is that the petitioner was enrolled in Border Security Force as Constable on 26th May, 1966, was promoted to the rank of Lance Naik on 1st March, 1976, Naik on 01.01.1969, Head Constable on 05.01.1970, Sub Inspector on 25.02.1980 and Inspector on 16.04.1988 after qualifying the requisite qualification/test.

(2.) Respondents in the objections have also admitted that as against petitioner there is no bad/adverse entry in the service record, he has earned 46 rewards including cash rewards/commendation during his service career. It is also admitted by the respondents in their objections that Departmental Promotion Committee for promotion to the rank of Assistant Commandant from Subedar was held on 12.12.1997 and again on 07.09.1998. As per guidelines contained in the DOP&T memorandum dated 10th May, 1989 and the memorandum No.22011/5/91-Estt(D) dated 27th March, 1997, the DPC awarded grading to the petitioner as "average" and "good" respectively, therefore, petitioner failed to make the grade for promotion due to low grading of his annual confidential reports, as such, he could not be promoted to the rank of Assistant Commandant. Later on in two Departmental Promotion Committees, petitioner was again considered but could not make the grade as he has been awarded "good".

(3.) It is admitted that the procedure to be observed by the Departmental Promotion Committees is contained in office memorandum dated 27th March, 1997, issued by the Ministry of Personnel, Grievances and Pension, Government of India. Para (iv) is applicable to the case of the petitioner, same is quoted here-under: