ARUN MISHRA, NAVIN SINHA, JJ. - (1.) The Union of India and Anr. has preferred the appeals, aggrieved by the judgment and order dated 4th September, 2014, passed by the High Court of Delhi and also dismissal of the review application, vide order dated 19.12.2014.
(2.) A Writ Petition (C) No.10726/2009 was filed on 06.08.2009 before the High Court of Delhi by DIG K.P.S. Raghuvanshi-Respondent No.1, posted in the Coast Guard services. He had questioned the recommendations of the Departmental Promotion Committee (in short 'DPC') for promotion to the rank of Inspector General, held on 23.07.2009, as illegal, arbitrary and conducted on the basis of selection policy, which was framed a month prior to the holding of the Selection Board. The respondent had also questioned the action of the Director General (Coast Guard) in endorsing the Annual Confidential Report (in short 'ACR') of Respondent No.1, for the period from 01.02.2008 to 31.01.2009, in spite of not having observed the performance of the incumbent for a mandatory period of 90 days, as contained in the policy in Coast Guard Order (in short 'CGO') No.04/2005. Prayer was also made to call for the ACRs for the aforesaid period and to quash the entry made for the year 2008-2009. Prayer was also made to quash CGO No.02/09.
(3.) The facts in short, indicate that K.P.S. Raghuvanshi joined the Indian Coast Guard services in January, 1984. He claimed to have rendered unblemished service and had an outstanding career, as apparent from the fact that he was promoted to the various ranks as per the ACR gradings. The Respondent No.1 was promoted to the rank of DIG in 2005 and was holding the rank of Deputy Inspector General ('DIG' for short) at the relevant time when he was due for consideration for promotion to the post of Inspector General ('IG' for short). There was creation of four posts in the rank of IG.;