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| HC directs Union of India to promote the petitioner as IGP CRPF | | | Early Times Reporter
Jammu | Feb 28
Justice Nirmal Singh of J&K High Court Jammu Wing in landmark judgment directed Union of India, Ministry of Home Affairs, to promote Man Singh Rawat, presently DIG in CRPF to the rank of Inspector General Central Reserve Police Force with effect from the date his juniors have been promoted.
This landmark judgment has been passed in a petition seeking quashment of promotion of TS Dhillion IGP (operation) CRPF made on July 24, 2007. The petitioner also sought direction to the respondent authorities to constitute a Review Medical Board from outside CRPF/CPF and to consider the case of the petitioner for promotion to the rank of IG CRPF, in view of his seniority position in the Deputy Inspector General.
Justice Singh, after hearing Adv BS Salathia appearing for the petitioner Man Singh Rawat and VK Magoo ASGI appearing for the Union of India, said that when this petition came up for hearing on December 17, 2007, direction was passed and in the meanwhile communication November 12, 2007 stayed, DG CRPF, however, directed to make a request to Medical Supt of All India Medical Institute New-Delhi to constitute a Medical Board for examination of the petitioner. On the request of DG CRPF, the Medical Supt AIIMS constituted a Medical Board to examine the petitioner and send the report to this Court. In pursuance to the said order, the Board has furnished its report along with the compliance report. As per this report the petitioner has been graded as Shape-1. It is further notice that Departmental Promotion Committee has already considered the case of the petitioner and he has been found fit for the promotion to the post of Inspector General CRPF, but this is subject to the condition that the petitioner is medically fit and graded as Shape-1.
Justice Singh further observed that petitioner has now been re-examined by the medical board of Premier Institute of the Country and has been graded as Shape-1, the petitioner has rightly asserted that he was wrongly graded as Shape-2 in order to deprive him of the benefit of further promotion. Even otherwise, the petitioner was found medically fit by the CRPF Board in November 2006, which report was valid for a period of one year. But the review medical board wrongly graded petitioner as Shape-2, therefore, the malafide act on the part of Additional DG (Medical) ITBP as alleged by the petitioner has been proved. Taking serious note of the act of the respondent, Court further observed such an act is not expected from the officer serving in the Defence Force of the country. This matter, however, is left to the wisdom of the competent authority; Authority is at liberty to take appropriate action against the officer responsible in committing such an act. With these observations, Court directed Union of India to release of the benefit of promotion to the rank of IG CRPF in favour of the Man Singh Rawat with effect from the date his juniors have been promoted. The petitioner shall also be entitled to all the consequential benefits and directed the authority to pass appropriate orders in this regard within a period of one month. JNF |
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