HARI SINGH Vs. UNION OF INDIA : DIRECTOR GENERAL, BOARDER SECURITY FORCE, NEW DELHI : DEPUTY INSPECTOR GENERAL & COMMANDANT, BOARDER SECURITY FORCE, HAZARIBAGH
LAWS(JHAR)-2009-12-130
HIGH COURT OF JHARKHAND
Decided on December 18,2009

HARI SINGH Appellant
VERSUS
Union Of India : Director General, Boarder Security Force, New Delhi : Deputy Inspector General And Commandant, Boarder Security Force, Hazaribagh Respondents

JUDGEMENT

- (1.) HEARD the learned counsel for the parties.
(2.) PETITIONER , in this writ application, has prayed for issuance of a writ of certiorari for quashing the office order No.17292 -95,dated -01.09.2005 (Annexure -4), whereby the petitioner's claim for promotion on the post of Sub -Inspector (Clerk) with effect from 08.10.2003, has been rejected. A further prayer has been made for issuance of a writ of mandamus for a direction to grant promotion to the petitioner with effect from 08.10.2003, in view of the fact that persons junior to the petitioner have been granted promotion. The petitioner was appointed as an Assistant Sub -Inspector (Clerk) under the Respondent No. 3 on 20.01.1994. A seniority list was prepared in which the petitioner's name had appeared at Serial No. 375. On 09.10.2003, the Departmental Promotion Committee considered the cases of several officers but while recommending promotion of several other colleagues of the petitioner including those who were junior to him in the gradation list, the Departmental Promotion Committee did not recommend the petitioner's case for promotion, declaring that he was not found fit.
(3.) THE petitioner's grievance is that the decision taken by the Departmental Promotion Committee (D.P.C.) is totally misconceived and misleading and not in consonance with the Rules stipulated for promotion.;


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