Delhi High Court
Dr Brajesh Kumar vs Sashastra Seema Bal And Anr on 21 October, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~85
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21.10.2024
+ W.P.(C) 12346/2023
DR BRAJESH KUMAR .....Petitioner
Through: Mr.Joby P. Varghese, Adv.
versus
SASHASTRA SEEMA BAL AND ANR .....Respondents
Through: Mr.Anshuman, SPC along with
Mr.Vinod Kumar Tiwari, GP.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
NAVIN CHAWLA, J. (Oral)
1. This petition has been filed by the petitioner challenging the
Order dated 27.03.2023, issued by the respondents, granting
promotion to the petitioner from Second-in-Command (Medical) in
Level-12 of the Pay Matrix to the rank of Commandant (Medical) in
Level-13 of the Pay Matrix in the Sahshastra Seema Bal (in short,
'SSB') under the Dynamic Assured Career Progression Scheme only
with effect from 16.11.2022, stating that it is the date of completion of
currency period of punishment.
2. Admittedly, in terms of the Office Memorandum dated
29.10.2008, the petitioner was due to be promoted to the rank of
Commandant (Medical) in Level-13 of the Pay Matrix in the SSB
under the Dynamic Assured Career Progression Scheme with effect
from 20.02.2020. The petitioner was, however, served with a charge-
sheet dated 19.03.2020, which eventually resulted in an Order dated
16.11.2021, awarding punishment of 'Forfeiture of service for the
purpose of promotion for one year' under Section 58(1)(a) of the
Sashastra Seema Bal Act, 2007.
3. In the Departmental Promotion Committee (in short, 'DPC')
held on 12.07.2022, the petitioner was found fit for promotion to the
rank of Commandant (Medical) and the said proposal was sent to the
respondent no.2 for its approval. The respondent no.2, however,
remitted the file back with a request to revise the DPC. Pursuant to the
same, another DPC was held on 06.03.2023 to consider the promotion
of 08 officers who were Second-in-Command (Medical) to
Commandant (Medical), and the petitioner was recommended for
promotion with effect from 16.11.2022, taking that to be the date of
completion of the period of the punishment.
4. The learned counsel for the petitioner submits that the
punishment would have to take effect from 20.02.2020, when the
petitioner, in terms of the Office Memorandum dated 29.10.2008, was
eligible for the grade pay of Rs.8700 in PB-4 and, therefore, the
petitioner was due for promotion as Commandant (Medical) in Level-
13 of the Pay Matrix with effect from 20.02.2021.
5. On the other hand, the learned counsel for the respondents
submits that the petitioner was awarded the punishment of 'Forfeiture
of service for the purpose of promotion for one year' only by an Order
dated 16.11.2021 and, therefore, he would become eligible for
promotion only with effect from 16.11.2022, the date which has been
assigned in the Impugned Order for his seniority.
6. We have considered the submissions made by the learned
counsel for the parties.
7. Admittedly, the petitioner was due for promotion to the post of
Commandant (Medical) in Level-13 of the Pay Matrix on 20.02.2020.
In our view, the punishment awarded to him by the Order dated
16.11.2021, therefore, has to be counted with effect from 20.02.2020
for a period of one year. Having suffered the punishment, the
petitioner would become eligible for promotion on 20.02.2021. The
respondents, by the Impugned Order, have in fact enhanced his
punishment to a period of more than two years and nine months. The
same cannot be accepted.
8. Accordingly, the Impugned Order dated 27.03.2023 is set aside.
It is directed that the respondents shall grant to the petitioner the rank
of Commandant (Medical) in Level-13 of the Pay Matrix with effect
from 20.02.2021. The petitioner shall, however, not be eligible for any
enhanced wages because of the same till the date of the present
Judgment, but will be eligible to get his seniority and other
consequential benefits, including notional fixation of his pay.
9. The petition is allowed in the above terms. There shall be no
order as to costs.
NAVIN CHAWLA, J
SHALINDER KAUR, J
OCTOBER 21, 2024/rv/SJ
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