Delhi High Court
Dr. D. Srinivas Rajesh vs Union Of India And Ors on 28 September, 2022
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 28, 2022
+ W.P.(C) 8532/2021 & CM APPL. 26413-26414/2021
DR. D. SRINIVAS RAJESH ..... Petitioner
Through: Mr. Ankur Chhibber and Mr.
Anshuman Mehrotra, Advocates.
versus
UNION OF INDIA AND ORS .... Respondents
Through: Ms. Bharathi Raju, Senior Panel
Counsel with Mr. Hemendra Singh,
Dy. Commandant (Law), BSF
+ W.P.(C) 9008/2021 & CM APPL. 28012-28013/2021
DR.ASHUTOSH BAJPAI ..... Petitioner
Through: Mr. Ankur Chhibber and Mr.
Anshuman Mehrotra, Advocates.
versus
UNION OF INDIA AND ORS .... Respondents
Through: Mr. Sushil Kumar Pandey, Senior
Panel Counsel with Mr. Kuldeep
Singh and Ms. Vaishali, Advocates
and Mr. Hemendra Singh, Dy.
Commandant (Law), BSF
W.P.(C) 8532/2021 & 9008/2021 Page 1 of 4
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:01.10.2022
17:33
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. Vide these petitions, petitioners are seeking quashing of the order
dated 15.07.2021 to the extent whereby the names of the petitioners have
been excluded by the respondents, for promotions to the rank of DIG
(Med); directions to the respondents to conduct Review DPC for
considering the petitioners for promotions to the rank of Deputy Inspector
General (Medical), based on the criteria as laid down in the DOPT OM
dated 08.05.2017 thereby excluding any extraneous consideration into
account and if found fit then promote the petitioners to such rank from the
date the vacancy has arisen, i.e. w.e.f. 01.08.2021, with all consequential
benefits.
2. Since the prayers and the issue(s) raised in these petitions are same,
therefore, with the consent of learned counsel for parties, these petitions
have been heard together and are being disposed of by this common
judgment.
3. It is submitted by the learned counsel for the petitioners that the
period from 01.04.2015 to 31.03.2020 is to be taken into consideration for
promotion of the petitioners in the instant case and during the said period,
ACRs of the petitioners were "very good" / "outstanding", as there was no
incriminating ACRs or material against and no case was pending against
them during that period. Thus, there was nothing against the petitioners.
4. Vide order dated 16.02.2022, respondents were directed to produce
photocopies of the DPC records in a sealed cover. Consequently, on
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:01.10.2022
17:33
11.07.2022, Minutes of Promotion Committee Meeting held on 24.06.2021
were produced in a sealed cover. On perusal of the Minutes of Promotion
Committee Meeting dated 24.06.2021, this Court found that some
allegations are mentioned against the petitioners. However, the said
allegations are prior to the period to be taken into consideration for
promotion and thus no material against the petitioners for the purposes of
the promotion in question.
5. Accordingly, the respondents were directed to clarify in the affidavit
regarding the period taken into consideration for promotion of petitioners
and also as to how the period prior to 01.04.2015 has been taken into
consideration while rejecting the petitioners' case for promotion.
6. Pursuant to order dated 11.07.2022, clarification affidavit is stated to
have been filed in W.P.(C) 9008/2021. However, the same is not on record.
A copy of the same has been produced before this Court wherein in para 4
it is mentioned as under:
"...... Since, DPC has exercised its own discretion in
deciding the eligibility for the promotion, therefore, the
department had no role in regard to the decision taken up
by the DPC concerning the eligibility of the officers for the
promotion. The department herein is only required to
comply with the decision taken by the DPC shortlisting the
officers for the promotion."
7. Learned counsel for the respondents states that as the position/stand
of the respondents is same in both the petitions, the same clarification
affidavit can also be read in the other connected W.P.(C) 8532/2021.
8. In view of the above and since there is nothing incriminating against
the petitioners during the period for consideration to withhold them from
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:01.10.2022
17:33
promotions, therefore, we hereby direct the respondents to promote the
petitioners to the post of DIG (Medical) from the date on which their
juniors were promoted, i.e. 15.07.2021, and grant them all consequential
benefits including monetary and seniority.
9. Respondents are also directed to issue order to this effect within four
weeks from today in favour of the petitioners.
10. In view of above, the present petitions are disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
SEPTEMBER 28, 2022
rk
Signature Not Verified
Digitally Signed By:PREM
BALA CHHABRA
Signing Date:01.10.2022
17:33
