D.N. Chaudhary vs Union of India and others

Hon''ble Shri Justice Sujoy Paul

Admitted facts between the parties as under: The petitioner was working as Second-in-Command and his promotional post is Commandant as per Rule 107 of Central Reserve Police Force, 1955 (hereinafter referred to as the CRPF Rules''). This is also not in dispute that the criteria for promotion is "merit". As per seniority list, Annexure P1, the petitioner''s name is over and above the respondent No. 6. However, by order dated 04.05.2002 the juniors of the petitioner were promoted on the post of Commandant. The petitioner was served with adverse C.R. dated 09.12.2002 which was received by him on 16.12.2002 for the period 01.04.2001 to 16.10.2001. The Departmental Promotional Committee (hereinafter referred to as the D.P.C.) was convened on 05.03.3002. The petitioner preferred his representation against the aforesaid A.C.R. in January, 2003. The petitioner''s aforesaid representation was decided by order dated 15.10.2003 (Annexure R1). By issuing Annexure R1, certain entries were modified/toned down by the competent authority.

On the basis of aforesaid facts, it is crystal clear that till the date of D.P.C. (05.03.2002) the adverse C.R. was not communicated to the petitioner. It was communicated subsequently and on petitioner''s representation, it is toned down to some extent. It is also admitted between the parties that the order Annexure R1 has attained a finality. Thus, the A.C.R. which was considered by the D.P.C. stood modified to some extent by issuance of Annexure R1. Admittedly, after issuance of Annexure R1, no review D.P.C. has been convened to see/examine the effect of expunged A.C.R.

In view of the aforesaid factual backdrop, I am only inclined to direct the respondents to convene a review D.P.C. as on the date of original D.P.C. dated 05.03.2012 and consider the case of the petitioner in the light of modified A.C.R. (Annexure R1) within a period of four months from today. In U.P. Jal Nigam Vs. S.C. Atri and Another, the Apex Court has held that where A.C.R. is expunged there has to be a review D.P.C. to decide the fate of the employee. Petition is partly allowed. The respondents are directed as above and shall communicate the outcome of review D.P.C. to the petitioner. No costs.