LAWS(CA)-2006-3-1

P L SURI INSPECTOR Vs. UNION OF INDIA

Decided On March 02, 2006

JUDGEMENT

(1.) THIS OA has been made against respondents' orders dated 8.8.2005 whereby applicant has been informed that he was not found suitable for appointment to the entry grade of NCT of Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli Police Service (for short DANIPS) against the vacancies pertaining to the year 2005.

(2.) It has been stated on behalf of applicant that two departmental enquiries were initiated against him on 21.5.2002 and 25.4.2003 on the ground of lack of supervision on his subordinates. It has been contended that while the former enquiry was dropped on 28.3.2005, in the latter applicant was exonerated from the alleged charged on 13.5.2005. Applicant's name was kept in the sealed cover by the DPC due to the pending departmental enquiries against him. It has been stated that respondents have informed applicant that he was not found suitable for the said promotion both against the vacancies pertaining to the year 2004 and those pertaining to the year 2005. Applicant has sought quashment of impugned orders dated 8.8.2005 and direction to respondents to permit him to the entry grade of DANIPS from the date his junior was promoted, with all consequential benefits.

(3.) RESPONDENTS have also produced copies of the minutes of the meetings of the DPCs held on 5.5.2004 and 1.2.2005. We find that both the DPCs had found applicant unfit for appointment to the entry grade of DANIPS.