LAWS(J&K)-2009-12-58

RAGHUBIR SINGH BAL Vs. UNION OF INDIA

Decided On December 31, 2009
Raghubir Singh Bal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) AGGRIEVED by Directorate General, CRPFs Communication No. P VII -3/06 -Pers -I dated 30.11.06 and projecting his entitlement to promotion to the rank of Additional Deputy Inspector General of Police, Central Reserve Police Force, the petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorari to quash the Director Generals Communication besides a Command to the respondents to promote him from the date his immediate junior IRLA 2155 Manjit Singh was promoted, along with the consequential benefits.

(2.) IN the absence of Manjit Singh, as party respondent to the Writ Petition, the petitioners learned counsel restricted the petitioners relief in the Writ Petition to seek issuance of a limited direction to the respondents to consider him for promotion to the post of Deputy Inspector General of Police, CRPF quashing the Communication aforementioned, at the time of the consideration of the Petition.

(3.) CONTESTING the petitioners claim to Promotion as Additional Deputy Inspector General of Police, Central Reserve Police Force (now DIG, CRPF), it is stated by the respondents that pursuant to petitioners arrest on 01.01.1998 in FIR no.01/98, registered at Police Station Civil Lines, Amritsar, in connection with a case for Rash and Negligent driving, snatching service rifle from policemen, assault on policemen and affray at Novelty Chowk, Lawrence road, Amritsar, he has been facing the Criminal trial in the Court of the Chief Judicial Magistrate, Amritsar and it was because of the pendency of the Criminal trial that the petitioner was not considered for substantive Promotion as Commandant, which would be done only in the event of his earning acquittal in the trial.