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Debendranath Behera vs Government Of India And Others ....... ... on 19 April, 2023

18. Such a Clause is not shown to be present as far as CRPF is concerned. On the contrary, there can be no automatic confirmation even upon the completion of the period of probation, as the MHA‟s Instructions for "Probation-Timely Assessment of Performance and Confirmation thereof in various Central Armed Police Forces" dated 11.07.2012 provides that, on period of probation being completed, the case of the personnel shall be assessed by the Departmental Promotion Committee (DPC), and the officer must be in the SHAPE I Medical Category. This requirement was reiterated in the Guidelines dated Signature Not Verified Digitally Signed W.P.(C) 9788/2023 Page 8 of 17 By:NEELAM Signing Date:27.01.2025 12:26:08 09.09.2014. Therefore, confirmation can only be once the candidate is approved by the DPC and there cannot be a deemed confirmation. CRPF being a Disciplined Armed Force, there is no provision for a deemed confirmation of personnel. On completion of the period of probation, the case of the candidate has to be re-assessed by the DPC in accordance with the Guidelines, and only a person meeting the SHAPE I Medical Category and other requirements, may be confirmed. The judgment of the Orissa High Court in Debendranath Behera (supra), therefore, cannot come to the assistance of the petitioners.
Orissa High Court Cites 2 - Cited by 0 - S Mishra - Full Document
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