IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18100 of 2009 1. RAJENDRA RAM S/O LATE DARBARI RAM AT PRESENT POSTED AS HEAD CONSTABLE POST MOKAMAH, RAILWAY PROTECTION FORCE POST, DANAPUR DIVISION , EAST CENTRAL RAILWAY 2. BIJAY KUMAR PASWAN S/O LATE BALESHWAR PASWAN AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST MAKAMAH, DANAPUR DIVISION, EAST CENTRAL RAILWAY 3. KAILESH PRAKASH SINGH S/O RAM SAKAL SINGH AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST JHA JHA, DANAPUR DIVISION, EAST CENTRAL RAILWAY 4. RAMESHWAR DUBEY S/O LATE KISHUN DUBEY AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST DILDARNAGAR, DANAPUR DIVISION , EAST CENTRAL RAILWAY 5. PARMANAND S/O LATE HIRA LAL AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST DILDARNAGAR, DANAPUR DIVISION , EAST CENTRAL RAILWAY 6. RAMBRIKASH YADAV S/O LATE BHAGWAN DAS AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE [C &T.E. COMPANY], MUGALSARAI DIVISION, EAST CENTRAL RAILWAY 7. MADAN MOHAN YADAV S/O LATE RAJBALI YADAV AT PRESENT POSTED AS HEAD CONSTABLE ,RAIWAY PROTECTION FORCE , P.O.MUGALSARAI, MUGALSARAI DIVISION, EAST CENTRAL RAILWAY 8. YOGENDRA SINGH S/O LATE NANDJI SINGH AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST MUGALSARAI, MUGALSARAI DIVISION, EAST CENTRAL RAILWAY 9. YUGESHWAR PRASAD S/O LATE HARINARAYAN RAI AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE [C &T.E. COMPANY], MUGALSARAI DIVISION, EAST CENTRAL RAILWAY 10. BIRENDRA PRASAD SINGH S/O LATE SHARDA PRASAD SINGH AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST GAYA, MUGALSARAI DIVISION ,EAST CENTRAL RAILWAY 11. NARAYAN RAI S/O SRI PRAHLAD RAI AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST DEHRI- ON-SONE , MUGALSARAI DIVISION, EAST CENTRAL RAILWAY 12. IGNYASIS MINZ S/O LATE JOSEPH MINZ AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST BARAUNI, SONEPUR DIVISION , EAST CENTRAL RAILWAY 13. MIR TAZUDDIN S/O LATE MIR RAJIUDDIN AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST SONEPUR,SONEPUR DIVISION, EAST CENTRAL RAILWAY 14. RADHESHYAM CHATURVEDI S/O LATE BHOLA NATH CHATURVEDI AT PRESENT POSTED AS HEAD CONSTABLE , 2 RAILWAY PROTECTION FORCE POST CHOPAN , DHANBAD DIVISION, EAST CENTRAL RAILWAY 15. SANTOSH KUMAR SINGH YADAV S/O HARINARAYAN SINGH YADAV AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST [C &E.T.COMPANY] DHANBAD DIVISION,EAST CENTRAL RAILWAY 16. ASHOK KUMAR S/O LATE MURAT PRASAD RAI AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST HAZARIBAGH ROAD , DIVISION DHANBAD, EAST CENTRAL RAILWAY 17. FUDAN SINGH S/O SRI B. SINGH AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST DHANBAD, DHANBAD DIVISION, EAST CENTRAL RAILWAY 18. NUNURAM RAVIDAS S/O SRI KESAR RAVIDAS AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST DHANBAD, DHANBAD DIVISION, EAST CENRAL RAILWAY 19. RAM NARAYAN YADAV S/O LATE DHARMENDRA YADAV AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST MORI,DHANBAD DIVISION , EAST CENTRAL RAILWAY 20. RAMESH CHANDRA S/O LATE RAM BARAT CHANDRA AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST BARKAKANA, DHANBAD DIVISION, EAST CENTRAL RAILWAY 21. LOKNATH RAM S/O SRI GDATI RAI RAILWAY PROTECTION FORCE POST , GARHARA, SONEPUR DIVISION, EAST CENTRAL RAILWAY 22. ABID ALI S/O BARSASTI AT PRESENT POSTED AS HEAD CONSTABLE , RAILWAY PROTECTION FORCE POST BARAUNI,SONEPUR DIVISION, EAST CENTRAL RAILWAY Versus 1. THE DIRECTOR GENERAL,RAILWAY PROTECTION FORCE IMDIAN RAILWAY RAIL BHAWAN , NEW DELHI 2. GENERAL MANAGER, EAST CENTRAL RAILWAY HAZIPUR 3. CHIEF SECURITY COMMISSIONER/ RAILWAY PROTECTION FORCE EAST CENTRAL RAILWAY HAZIPUR ----------- For the Petitioners :M/s Madhuresh Prasad & Ravi Verma, Advocates For the Railways :M/s N.K. Agrawal, Sr. Advocate & Madhu Prasun, Advocate 06/ 15.07.2010 Heard learned counsel for the petitioners and the counsel for the Railways. 2. This writ petition was filed praying, inter alia, to direct the Respondent- authorities to complete the selection 3 process for promotion taken in the light of Rule 70 of the R.P.F. Rules, 1987 (hereinafter referred to as the Rules) for filling up the post of A.S.I. in the Executive Branch from amongst the Head Constables for which select list, bearing Force Order No. 1/ 2007 was published and as the petitioners were included in the select list, they were also sent for training, but even after successful completion of the training, promotion is not being notified. 3. This Court having considered the submission, permitted the authorities of the Railways to file counter affidavit under orders dated 14.1.2010, whereafter the Railways have filed counter affidavit placing on record the order of the Chief Security Commissioner/ RPF, East Central Railway, Hajipur dated 10.2.2010, whereunder he has noticed the irregularities committed by the authorities while conducting the selection process under Rule 72 of the Rules and doubted the present selection process conducted under Rule 70 of the Rules as the present process was also conducted by the same authority, who had conducted the selection process under Rule 72 of the Rules and observed in paragraph 7 (i) of the letter dated 10.2.2010 that the irregularities found to have been committed by the authorities while conducting the selection process under Rule 70 of the Rules have been enquired into by the authorities and not found yet as the persons who had conducted the two promotion process were the same, it is appropriate to seek approval of the 4 Railway Protection Force Headquarter/ Railway Board as to whether selection process under Rule 70 of the Rules should also be annulled. 4. From the counter affidavit, it does not appear what decision the Railway Protection Force Headquarter/ Railway Board has taken over the request of the Chief Security Commission contained in letter dated 10.2.2010. 5. Having heard counsel for the parties, it is directed that the Railway Protection Force Headquarter/ Railway Board should consider the request of the Chief Security Commissioner contained in letter dated 10.2.2010 whether to cancel or not to cancel the selection process conducted under Rule 70 of the Rules in view of the fact that from paragraph 7(i) of the letter dated 10.2.2010 itself it is evident that the selection process conducted under Rule 70 of the Rules was enquired into and no irregularities were found. If the Railway Protection Force Headquarter/ Railway Board has not taken any decision till date on the request of the Chief Security Commissioner contained in letter dated 10.2.2010 then it should take such decision within a reasonable time, in any case within one month from the date of receipt/ production of a copy of this order. In case the Railway Protection Force Headquarter/ Railway Board decides not to annul the select list contained in Force Order No. 1/2007 then it should issue directions to notify the promotions within a reasonable time, in any case within another one month of the 5 order of the Railway Protection Force Headquarter/ Railway Board. In the event Railway Protection Force Headquarter/ Railway Board decides to annul the select list contained in Force Order No. 1/2007 then it should pass reasoned order within the same time. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)