AI Structured Summary
Not yet generated for this judgment
Judgment
Heard.
Rule. With the consent of the parties, Petition is taken up for final disposal at the admission stage.
The petitioner is functioning as Sub-Inspector, Central Industrial Security Force (C.I.S.F.). The next promotion available to the petitioner is as Assistant Commandant, C.I.S.F. It is the contention of the petitioner that he tendered an on-line application with a view to participate in the selection process conducted by the UPSC, on 29.12.2017. The procedural requirement of tendering hard copy of the on-line application together with the report of the department to the UPSC was not observed by the department for the reason that according to the department, the service record of the petitioner is not clean. It is pointed out that in an in-house inquiry, the petitioner was imposed with
a minor penalty of ''Censure'' on account of overstaying for a period of 5 days after availing an admissible leave. The minor penalty of ''Censure'' was imposed on the petitioner on 19.03.2013. The petitioner contends that the period of earned leave of 5 days between 13.02.2013 and 17.02.2013, which was a matter of departmental action against the petitioner initiated in 2013 has been regularized by order dated 13.02.2013 issued by C.I.S.F. The petitioner further contends that in view of the regularization of the leave period, which was a matter of imposition of minor penalty of ''censure'' against the petitioner by the department, the service record of the petitioner shall be deemed to be clean and blot-less. The blot which is put by virtue of imposition of minor penalty has been removed in view of the order of regularization issued by the department on 13.12.2013. The petitioner contends that the respondent-department, without verifying the service record of the petitioner, has failed to forward the application tendered by the petitioner for facilitating his participation in the selection process for the higher post. The Counsel appearing for the respondents do not deny the factual aspect that the very basis of imposition of minor penalty against the petitioner in the year 2013 has been erased on account of regularization of period of earned leave, the natural corollary thereof is that the service record of the petitioner shall be deemed to be clean.
In the circumstances, the action of the respondent-department communicated on 05.01.2018 to the petitioner that his service record is not clean, and as such the department does not deem it necessary to forward his application to the UPSC, is erroneous and deserves to be set aside. The respondent-employer also deserves to be directed to forward hard copy of the application tendered by the petitioner together with the recommendations of the employer to the UPSC for facilitating his participation in the selection process.
In view of the above, the communication dated 05.01.2018 issued by the Assistant Commandant is quashed and the respondent-employer is directed to forward hard-copy of the application tendered by the petitioner together with the recommendations of the Department to the UPSC for facilitating his participation in the selection process. Necessary steps should be taken as expeditiously as possible, preferably within a period of 10 days from today. Needless to record that the UPSC shall permit the petitioner to participate in the selection process.
Rule is made absolute accordingly. There shall be no order as to costs. Parties to act on the authenticated copy of this order.