H.C. Mittal, J. - (1.) UDAI Narain Rai, Kamla Prasad Rai and Ram Dutt Misra, the petitioners, are Sub -Inspectors of Police and have filed this petition challenging the action of the Selection Committee in not selecting them to the post of Circle Inspector of Police. Udai Narain Rai, Petitioner No. 1, is B.A. LL.B. and at the time of filing the writ petition was working as confidential officer, Basti. He was appointed as Sub -Inspector with the Uttar Pradesh Police in the year 1973 -74 and was posted as Inspector, C.B.I. at Patna and served there from January 1986 to October 1988. In October 1988 he came back to the State of Uttar Pradesh and was again posted as Sub -Inspector. He has also worked as Station Officer from 1979 to 1985. His name was also forwarded to be promoted as inspector by the C.B.I. and was also called for interview by the Selection Committee in the year 1986 but was not promoted. He was also given selection grade and had no bad entry nor any punishment or misconduct was ever reported against him. His competence, efficiency and integrity were always found to be above board. He has obtained more than 100 rewards from the various officers for meritorious and courageous work during his service as Sub -Inspector and Station Officer Incharge and on that account he was selected for deputation with C.B.I. That he was eligible for the post of Inspector since 1984 after completing ten years of service.
(2.) KAMLA Prasad Rai, Petitioner No. 2, was appointed as Sub -Inspector in the year 1969 and at present is working as Station Officer since 1976. He is eligible to be promoted as Inspector since 1982. According to him, there has not been any adverse entry against him. He has also earned more than 100 rewards and has been appearing for interview for selection since 1982. Petitioner No. 3, Ram Dutt Misra, was appointed as Sub -Inspector in the year 1966 and was working as Station Officer since 1972. That there has not been any adverse entry against him during the last five years. He has also obtained more than 100 rewards for his out standing performance as Sub -Inspector and Station Officer. That the basic requirement for promotion to the post of Inspector is that a Sub -Inspector should have completed ten years of service and should have held charge as Station Officer for three years. In the instant case, according to the petitioners, all of them fulfill the aforesaid requirements and as such they are entitled to be promoted to the post of Circle Inspector.
(3.) ACCORDING to the petitioners, the clearance to the petitioners for being promoted as Inspectors was given by the Senior Superintendent of Police, Basti the concerned Officer through the D.I.G. Police Headquarters and all the three petitioners were called for interview which was held in the month of December 1988. That the result of the Selection Board for the post of Circle Inspector was declared on 31 -12 -88, the day on which the Director General, Sri R.N. Gupta, the Chairman of the Selection Committee, had retired. The petitioners have specifically alleged that the records of Respondent No. 3, Sri Rajendra Singh, Respondent No. 4, Sri Loknath Verma, Respondent No. 5 Sri Lal Chand Bharti, Respondent No. 6 Sri Baleshwar Yadav, Respondent No. 7, Sri Raghvendra Singh, Respondent No. 8, Sri Tirath Raj Pandey and Respondent No. 9. Sri Mahesh Narain Mishra were bad and they stood disqualified on some grounds but still they have been selected and the petitioners who are senior and whose claims were better have not been selected. It has further been specifically stated that Respondent No. 3, Sri Rajendra Singh was only VIIIth class pass and was aged about 50 years and he never held the charge of Station Officer for the last 3 years and he has also been facing the proceedings under Section 7 of the U.P. Police Act and was punished in the year 1988. That special favour has been shown to him as he had worked as Munshi of Sri R.N. Gupta, Director General and Chairman of the Selection Committee even though the Senior Superintendent of Police, Basti had not given clearance about him and he was only posted as Sub -Inspector at Khalilabad. That he was much junior to the petitioners as he was appointed in the year 1975 -76.;