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Delhi High Court - Orders

Dr Deepok Gogoi vs Union Of India & Ors on 18 November, 2024

Author: Navin Chawla

Bench: Navin Chawla

                             $~50
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         W.P.(C) 15715/2024
                                       DR DEEPOK GOGOI                                                          .....Petitioner
                                                    Through:                                         Mr. Vivek Sheel, Adv.

                                                                            versus

                                       UNION OF INDIA & ORS.                                                    .....Respondents
                                                     Through:                                        Mr. Amit Tiwari, Mr.
                                                                                                     Himanshu Bidhuri, Mr. Ayush
                                                                                                     and Mr. Rahul Bhaskar, Advs.

                                       CORAM:
                                       HON'BLE MR. JUSTICE NAVIN CHAWLA
                                       HON'BLE MS. JUSTICE SHALINDER KAUR
                                                                            ORDER

% 18.11.2024

1. By way of the present petition, the petitioner who is serving as a Senior Veterinary Officer (in short, 'SVO') in the ITBP, prays for being considered for promotion to the rank of Second-in-Command/ Chief Veterinary Officer with effect from 07.12.2022 under the Dynamic Assured Career Progression Scheme, along with all consequential benefits.

2. The petitioner claims that on completion of five years of service as Deputy Commandant/SVO, the petitioner became eligible to be considered for the promotional post of Second-in-Command/ Chief Veterinary Officer with effect from 07.12.2022, however, despite having an unblemished service record with consistent above benchmark APAR grades, the petitioner was overlooked for promotion. Instead, his batchmates and junior officers were This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/11/2024 at 01:04:53 considered and promoted to the said rank, vide Orders issued on 15.09.2023 and 16.01.2024.

3. The petitioner claims that on enquiry, the petitioner found that based on a Court of Inquiry constituted by ITBP, the recommendations of which were not even acted upon, the petitioner was overlooked for promotion. This was despite the fact that there were no disciplinary proceedings or criminal prosecution pending against the petitioner.

4. The learned counsel for the respondents prays for time to seek instructions.

5. In view of the law laid down by the Supreme Court in Union of India & Ors. vs. Doly Loyi, 2024 SCC OnLine SC 2013, the respondents shall consider the case of the petitioner.

6. Re-list on 29th November, 2024, to be shown in the Supplementary List, for the learned counsel for the respondents to seek appropriate instructions.

NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 18, 2024 SU/SK/DG Click here to check corrigendum, if any This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/11/2024 at 01:04:53