Delhi High Court
Pramod Kumar Singh & Ors. vs Union Of India & Ors. on 18 November, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
Neutral Citation Number 2022/DHC/004960
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: November 18, 2022
+ W.P.(C) 14092/2021 & CM APPL. 44470/2021(stay)
PRAMOD KUMAR SINGH & ORS. ..... Petitioners
Through: Ms. Saahila Lamba, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Mr. Ripu Daman Bhardwaj, CGSC
with Mr. Kushagra Kumar, Advocate
and Mr. Sourabh Bhushan, A/C Legal,
RAF
Mr. Pratap Shanker, Mr. S. Shantanu
and Ms. Poorvi Sinha, Advocates for
R-6-9, 16, 18, 21, 23, 33, 40, 41, 44,
46, 51, 54, 57 & 60
Mr.Ankur Chhibber, Advocate for R-
11, 17, 20, 24, 26, 27, 29-32, 34-39, 42,
45, 47-50, 52, 53, 55, 59 & 61
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. Learned counsel for the petitioners has drawn our attention to para 4 and 5 of the counter-affidavit filed by respondent nos.1, 2 and 3 which states as under:
4. It is submitted that in order to fill up 50 vacancies against promotion quota, a supplementary DPC was convened on 20/10/2010 which had zone of consideration as 78. SM/Inspectors posted in CRPF, except 13 SM/Inspectors who had not completed 3 years service as Inspector as on crucial date as stated in para 3 above i.e. on 01/01/2010. However, on the strength of relaxation accorded by MHA, 147 SM/Inspectors became eligible to be considered for promotion as Assistant Commandant. Among the first 50 W.P.(C) 14092/2021 Page 1 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:18.11.2022 18:26:21 Neutral Citation Number 2022/DHC/004960 SM/Inspectors who had been empanelled for promotion, 13 were away of deputation to NSG/ SPG. Therefore DPC kept equal number M/Inspectors in the extended panel. The promotion of the officers on d panel were with a rider that they will be released on promotion case the personnel away on deputation do not report back and prefer to avail proforma promotion under NBR till completion of deputation period as allowed by Para 8.6 of DoPT Order dated 17/06/2010.
5. It is further submitted that Amongst the 53 petitioners, 18 petitioners as mentioned below who are senior in Gradation List, were initially considered for promotion to the rank of Assistant Commandant in the supplementary DPC convened on 20/10/2010 for the vacancy year 2010-2011.
Sl No. Petitioner Name of Petitioner Remarks No. in W.P 1 9 Rajesh Kumar --
2 30 B S Rawat --
Ramesh Kumar Tripathi -- 3 1 Sanjeet Kumar Deputation 4 13 with SPG Manish Sinha Deputation 5 7 with SPG P Neel Kanta Singh Deputation 6 21 with SPG 7 33 Sunil Kumar -- 8 45 Mahesh Phadtare -- Amit Singh Deputation with 9 47 SPG 10 22 Ashish Raj -- Mohit Tyagi Deputation with 11 35 SPG W.P.(C) 14092/2021 Page 2 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:18.11.2022 18:26:21
Neutral Citation Number 2022/DHC/004960 Yakub Khan Deputation with 12 28 SPG 13 Hemant Bhatt Deputation with 50 SPG Hari Shankar Deputation 14 37 Sharma with SPG Alex George 2 , --
15Kamal Singh Deputation with 16 14 NSG Anup Kumar Srivastava -- 17 41 Anup Kumar -- 18 53 Tiwari
2. In view of the above, learned counsel for the petitioners submits that the present petition may be disposed of, directing the said respondents to take a final decision qua the petitioners.
3. Accordingly, the present writ petition alongwith the pending application is disposed of with a direction to the respondents to arrive at a final decision qua the petitioners within a period of eight weeks from today as per due process of law.
(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE) JUDGE NOVEMBER 18, 2022/akr W.P.(C) 14092/2021 Page 3 of 3 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:18.11.2022 18:26:21