KSHETRIMAYUM RAJENDRO SINGH AND ORS. Vs. LOUREMBAM DEBEN SINGH AND ORS.

JUDGEMENT

(1.) THESE two writ appeals have been filed challenging the order of the learned Single Judge dated 12.3.2010 in WP (C) No. 265 of 2007. The respondents -1 to 3 had filed the writ application questioning the power and competency of the DPC in association with the Manipur Public Service Commission (for short MPSC) in upgrading and down -grading the gradings of the ACRs of the candidates already recorded by the competent authority and also the procedure adopted by the DPC while making selection and recommendation for appointment to MPS Grade -II. The order dated 1.3.2007 promoting 40 officers to MPS Grade -II on the basis of the recommendation made by the DPC was also sought to be quashed in the said writ petition.

(2.) THE brief background of the case is that appointment and promotion to the post of MPS grade -II is governed by the Manipur Police Service Rules, 1965 (hereinafter referred to as the 1965 Rules) as amended from time to time. The strength of the service is required to be determined under Rule 4 of the 1965 Rules. Rule 5, 5.A, 5.B and 5.C provide the procedures for consideration of ACRs of the eligible officers by the DPC for promotion to MPS Grade -II. Rule 13 provides for constitution of the Selection Committee and Rule 14 provides for conditions of eligibility and procedure for selection. In terms of Rule 14, officers specified under clause (b) of sub -rule (1) of Rule 5, on completion of 2 years of regular service, are eligible for consideration for promotion. The selection is to be on the basis of merit and suitability. In order to consider eligible officers for promotion to MPS Grade -II, a selection committee/DPC was constituted under the 1965 Rules. The said Selection Committee/DPC is to be guided by Office Memorandum dt. 29.4.1999 issued by the Personnel & Administrative Reforms, Govt. of Manipur in order to devise its own methods and procedures for objective assessment of the suitability of the eligible officers for the purpose of selection and recommendation for promotion to MPS Grade -II.

(3.) IN the year 2005 -06, 2 (two) vacancies occurred in MPS Grade -II and in 2006 -07, 39 (thirty nine) vacancies occurred in MPS Grade -II. Govt. of Manipur took a decision to fill up the said vacant posts and accordingly a list of 86 eligible officers including present respondents -1 to 3, was submitted by the Government to the MPSC along with all necessary papers including the recorded ACRs for consideration by the DPC. On the basis of recommendation made by the DPC associated with the MPSC in its meeting held on 12.1.2007, 40 (forty) officers were recommended for promotion to MPS Grade -II and on the basis of such recommendation, Govt. of Manipur promoted those 40 officers who were respondents in the writ application to MPS Grade -II. The names of the present three respondents 1 -3 in these two appeals were not recommended by the DPC for promotion to MPS Grade -II whereas one of the respondents in the writ petition, i.e. respondent No. 8 who had been appointed along with the present respondents -1 to 3, was recommended and was placed at the top of the list of selected candidates for the vacancies available in the year, 2006 -07. Challenging the recommendation made by the DPC with MPSC dt. 12.1.07 and consequential promotion order passed by the State of Manipur on 1.3.2007, the writ application was filed by the present respondents -1 to 3 on the following grounds: