IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13635 of 2007 1. KAMLESH KUMAR KAMAL SON OF LATE SHIVNANDAN SINGH, RESIDENT OF RAILWAY LOCO COLONY QR. NO. 157/B, P.O. KHAGAUL, P.S. KHAGAUL, DISTRICT PATNA 2. BINOD KUMAR PATHAK SON OF SRI KANHAIYALAL PATHAK, CONSTABLE CRIME BRANCH, RAILWAY SECURITY FORCE, HEAD QUARTER, EAST CENTRAL RAILWAY, HAJIPUR 3. SRINIVAS KUMAR, SON OF SRI KARE KUMAR, HEAD CONSTABLE, RAILWAY SECURITY FORCE, EAST CENTRAL RAILWAY, SAMASTIPUR 4. PRAHLAD KUMAR SON OF SRI DIGAMBAR JHA, HEAD CONSTABLE RAILWAY SECURITY FORCE, DIVISIONAL SECURITY FORCE OFFICE, SAMASTIPUR 5. NARSINGH YADAV SON OF SRI BHAGWAT YADAV, HEAD CONSTABLE CASH GUARD, SAMASTIPUR 6. SANTOSH KUMAR MISHRA SON OF SRI BINDESHWARY PD. MISHRA, HEAD CONSTABLE RAILWAY SECURITY FORCE, P.O. SAMASTIPUR 7. SUJIT KUMAR MISHRA SON OF SRI RAJKANT MISHRA, HEAD CONSTABLE RAILWAY SECURITY FORCE, NARKATIAGANJ 8. SHAILENDRA KUMAR MISHRA SON OF SRI KEDARNATH MISHRA, CONSTABLE RAILWAY SECURITY FORCE, DIVISION RESERVE, SAMASTIPUR 9. ASHOK KUMAR SINGH SON OF SRI MARKANDEY SINGH, HEAD CONSTABLE CRIME BRANCH, SONPUR 10. NAVIN SINGH SON OF SRI RAJNATH SINGH, CONSTABLE, DIVISIONAL RESERVE, RAILWAY SECURITY FORCE, SONEPUR 11. TRIVENI YADAV SON OF SRI CHAUDHI YADAV, CONSTABLE RAILWAY SECURITY FORCE POST, THANA BIHPUR 12. SHEO SHANKAR KUMAR SINGH SON OF SRI RAM SAGAR SINGH, RAILWAY QR. NO. 864/A, NEW COLONY KHAGAUL, PATNA 13. SUSHANT DUBEY SON OF LATE D.S. DUBEY, CONSTABLE SR. DSC RPF OFFICE E.C. RAILWAY, MUGHALSARAI, RESIDENT OF P.O. MUGHALSARAI, DISTRICT CHANDAULI (U.P.) 14. SUSHIL DUNGDUNG SON OF SRI ANJULESH DUNGDUNG, HEAD CONSTABLE/ SR. DSC RPF OFFICE , E.C. RAILWAY MUGHALSARAI, RESIDENT OF AND P.O. MUGHALSARAI DISTRICT CHANDAULI 15. DINESHWAR RAM SON OF SRI BASUDEO RAM , HEAD CONSTABLE RPF POST, JAPLA P.O. HUSSAINABAD, DISTRICT PALAMU (JHARKHAND) 16. PRABIN KUMAR OJHA SON OF SRI D.N. OJHA, CONSTABLE/ SR. DSC RPF OFFICE, E.C. RAILWAY MUGHALSARAI, P.O. MUGHALSARAI, DISTRICT CHANDAULI (U.P.) 17. DIN BANDHU SINGH SON OF SRI KEDAR SINGH, CONSTABLE RPF CDTC COY/ MUGHALSARAI, P.O. MUGHALSARAI DISTRICT CHANDAULI (U.P.) - 2 - 18. SURESH KUMAR SINGH SON OF SRI H.R. SINGH, HEAD CONSTABLE/ RPF DOWN POST/ MUGHALSARAI, P.O. MUGHALSARAI DISTRICT CHANDAULI (U.P.) 19. YOGENDRA BAHADUR SINGH SON OF SRI G.S. SINGH, CONSTABLE/ RPF POST/ DEHRI-ON-SONE, P.O. DALMIANAGAR, DISTRICT ROHTAS 20. ANUP KUMAR SAH GOND SON OF SRI HIRA SAH GOND, CONSTABLE RPF WEST POST, MUGHALSARAI RESIDENT OF P.O. MUGHALSARAI DISTRICT CHANDAULI (U.P.) 21. GANGADHAR JHA SON OF ANIRUDH JHA, CONSTABLE CRIME BRANCH, RAILWAY SECURITYH FORCE, HEAD QUARTER, E.C. RAILWAY, HAJIPUR 22. SUDHIR KUMAR SINGH SON OF SRI RAM CHANDRA SINGH, RAILWAY QR. NO. 302/C, R.M.S. COLONY GOMOH, P.O. GOMOH, DISTRICT DHANBAD (JHARKHAND) 23. DINESH PRASAD SON OF SRI BITHAL PRASAD, RAILWAY QUARTER NO. 148/EF KALIPURA GOMOH DISTRICT DHANBAD (JHARKHAND) 24. SHIVJIEE RAI SON OF SRI RAMJI RAI, MIS-6 HILL COLONY, DHANBAD P.O. AND DISTRICT DHANBAD (JHARKHAND) 25. VIJAY YADAV SON OF SRI BRAHAMDEO YADAV, R.P.F. OP CHOPAN, P.O. CHOPAN, DISTRICT SONBHADRA (U.P.) Versus 1. THE UNION OF INDIA, THROUGH THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE (RPF) RAILWAY BOARD, RAIL BHAWAN, NEW DELHI 2. THE CHIEF SECURITY COMMISSIONER CUM DIG RAILWAY PROTECTION FORCE, EAST CENTRAL RAILWAY (ECR), HAJIPUR, VAISHALI, BIHAR 3. THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR, VAISHALI, BIHAR 4. THE CHAIRMAN SELECTION COMMITTEE CUM DIVISIONAL SECURITY COMMISSIONER, R.P.F. SAMASTIPUR For the Petitioners :M/s Ajay Kumar Chakraborty, & Prabhat Kumar (Roy), Advocates For the Railways :M/s D.K. Sinha, Sr. Advocate & Bijay Kumar Sinha, Advocate 03/ 15.07.2010 Heard learned counsel for the petitioners and the Railways. Petitioners are aggrieved by the Force Order No. 132/2007, passed by the Chief Security Commissioner/ RPF East Central Railway, Hajipur contained in Annexure-7, whereunder select list dated 3.1.2007 for promotion/ appointment on the post of Assistant - 3 - Sub-Inspector in the Executive Branch of RPF in the pay scale of Rs. 4,000-6,000/- contained in Force Order No. 2/2007 dated 3.1.2007 has been cancelled on the ground that the Deputy Chief Vigilance Officer with the approval of the General Manager recommended cancellation of the panel in view of the irregularities committed in the selection process. It appears, under the impugned order, select list has been cancelled on the ground that irregularities were committed in the selection process, the select list notified under Force Order No. 2/2007 dated 3.1.2007 has been rightly cancelled. This Court does not find any illegality in the said order and the writ petition assailing the said order is dismissed with direction to the Chief Security Commissioner to proceed with the selection process for appointment/ promotion on the post of Assistant Sub-Inspector in the Executive Branch as per the provisions contained in Rule 72 of the RPF Rules, 1987 in accordance with law and consider all the eligible persons, who are within the zone of consideration on the date of initiation of the process for promotion/ appointment on the post of Assistant Sub-Inspector in the Executive Branch and complete the process as early as possible, in any case within three months from the date of receipt/ production of a copy of this order. The stay order dated 30.1.2008 passed in the instant case is vacated. Arjun/ (V.N. Sinha, J.)