Delhi High Court Beg Raj Indoria vs Union Of India And Ors. on 14 February, 2013 $~13 * % DECIDED ON: 14.02.2013 + WP (C) 327/2013 BEG RAJ INDORIA ..... Appellant Through: Mr. J.M. Bari with Ms. Meenakshi Bari, Advocates. versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Amrit Pal Singh, Advocate with Mr. Satyendra Kumar Jha, Assistant Commandant/CISF. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. In this proceeding, under Article 226 of the Constitution of India, a direction is sought to quash the order dated 11.12.2012 issued by the Assistant Inspector General, CISF (Headquarters) and further direct the respondents to promote the petitioner as Assistant Commandant (Fire) (hereafter called as AC) in the Central Industrial Security Force (CISF). 2. The brief facts are that the petitioner who was appointed as SubInspector (Fire) on 9.11.1991 and confirmed to that post on 13.11.1993. He was later promoted as Inspector (Fire) on 28.7.1997. It is urged that in terms of the updated seniority list of Inspectors (Fire) as on 31.12.2011, the petitioner was placed at Sl. No.18. Others impleaded as private respondent nos.2 and 4 were placed at Sl. No.20 and 22. The officers at the WP (C) 327/2013 Page 1 intervening positions had opted for voluntarily retirement. It is urged that during 201112, the petitioner was posted at CISF Unit Anpara Thermal Power Project in U.P. On 24.02.2012, apparently, a list containing names of Inspectors in the zone of consideration, (according to their seniority) was forwarded to all senior Commandants/Commandants. The CISF also, by this letter directed that the medical "SHAPE" certificate valid as on 1.1.2012 in respect of the candidates should be forwarded immediately. In view of this letter, the Assistant Commandant of the Anpara CISF Unit wrote to the petitioner on 9.3.2012 asking him to submit his "SHAPE certificate" on or before 15.3.2012. The petitioner was actually relieved around 13.3.2012 for medical examination; the Chief Medical Officer, CAPF composite hospital at Allahabad was issued a letter requesting that the annual medical examination (SHAPE) in respect of the petitioner be conducted. The medical examination report (SHAPE) 2012 was duly forwarded in original by the Assistant Commandant of the petitioner‟s Unit on 19.3.2012. 3. In these circumstances, on 11.12.2012, an order was issued promoting eight officers. This did not include the petitioner. He had, in the meanwhile, represented to the Director General, CISF stating that in 2010 he was given direction by the competent authorities to carry out annual medical examination at the CAPF composite hospital and also issued a movement to carry out that order at the CAPF composite hospital, Allahabad. However, in 2011, he was not given any such order and, therefore, he resorted to medical examination at some other Unit. It is argued that the respondent‟s omission to consider the petitioner‟s candidature, and in proceeding to promote officers junior to him, is arbitrary and unjustified. 4. This Court had issued notice on 28.1.2013 and required the WP (C) 327/2013 Page 2 respondents to produce the relevant records and also indicate the reasons for rejection of the petitioner‟s candidature. Today, counsel for the respondents produced an order dated 11.2.2013 issued by the Deputy Inspector General/Pers, rejecting the petitioner‟s representation. Beside reciting certain other details not relevant for the purposes of the present order this order rejects the petitioner‟s representation stating as follows: "NO.E31016/31/BRI/PERS.II/2013/273 Dated: 11 Feb. 2013 XXX XXX XXX 5. AND WHEREAS, the officer had conducted his Annual Medical Examination for the year 2011 from the Project Hospital of ATPP Anpara which was not acceptable in view of instructions issued vide letter dated 01.04.2010. Since SHAPE certificate duly conducted by CAPF/CISF hospital of the Inspector/Fire for the year 2011 was not available, his name was excluded from the eligibility list for the vacancy year 2012 in view of the instructions contained in DoP&T OM dated 14 August 2003." 5. Learned cou