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Judgment
ORDER
PER: RAJINDER SINGH DOGRA, MEMBER (J):
The applicant, an Assam Police Service (APS) officer of the 1993 Batch, has filed the instant Original Application (O.A.) seeking a binding direction to the respondents to finalize his long--overdue induction into the Indian Police Service (IPS) against the Select List of 2016 with all sequential promotions, year of allotment adjustments, and retrospective seniority benefits.
Facts of the case as submitted by the applicant in this O.A. are that the applicant was initially appointed to Assam Police Service in the year 1993. The Government of India determined 3 (three) vacancies for preparing the select list of the year 2016 for appointment by promotion of Assam Police Service officers to the Assam segment of Joint Assam-Meghalaya cadre of Indian Police Service. Accordingly, the Government of Assam prepared a list of 9 (nine) officers of Assam Police Service to be eligible for consideration for promotion to the Indian Police Service as on 01.01.2016 in order of seniority and the same was sent to the UPSC vide communication dated 01.10.2018. The applicant was selected at Sl. No. 3 but provisionally, because State of Assam by committing serious illegality withheld the integrity certificate of the applicant without any charge sheet either in a departmental or criminal proceeding. The Government of India again issued a communication dated 10.05.2019 determining the vacancy position to be 3 (three) for promotion of Assam Police Service officers to the Indian Police Service for the select list year 2018. The name of the applicant was again selected provisionally for want of integrity certificate by the State of Assam. This illegal withdrawal of integrity certificate continued in all subsequent Selection Committee Meeting till the year 2023. Finally, the State of Assam issued a Communication dated 04.02.2026 to the UPSC intimating the approval of the State Government for granting integrity certificate to the applicant since the year 2016 and thereafter submitted a proposal vide communication dated 12.02.2026 to the Under Secretary, UPSC for convening Review Selection Committee Meeting in respect of the applicant for his induction against the select list, 2016. The aforesaid proposal clearly provided that the integrity certificate of the applicant, which was withheld since the select list of 2016 has been granted in favour of the applicant clearing him from any integrity issue. However, despite receipt of the said proposal, till date, nothing has been done by the UPSC to convene the Review SCM for promotion of the applicant to IPS cadre against the select list of 2016. The applicant has already suffered for last 10 years followed by delaying his induction to IPS despite being judged suitable by each Selection Committee Meeting of UPSC. The State of Assam recently vide notification dated 01.01.2026 promoted officers, who were junior to the applicant in the State Police Service, to the rank of Deputy Inspector General of Police in the IPS Cadre. Therefore, any further delay in holding the Review SCM will cause serious prejudice to the applicant.
The respondent Nos. 1 & 5 filed their written statement and states that the process of preparation of the Select List and induction to the Indian Police Service (IPS) by promotion is governed by the IPS (Appointment by Promotion) Regulations, 1955, wherein the roles of the State Government, Union Public Service Commission (UPSC), and the Central Government are clearly demarcated. Further, the responsibility for convening the Selection Committee Meeting (SCM) including any Review SCM and for preparation and finalization of the Select List lies exclusively with the UPSC. This Ministry does not have any role in initiating, scheduling, or conducting such meetings. Therefore, the applicant's grievance regarding non-convening of the Review SCM is a matter falling solely within the jurisdiction of UPSC and cannot be attributed to this Ministry. With regard to the issue of non-grant of Integrity Certificate, it is submitted that the same falls entirely within the domain of the State Government. The State Government is responsible for forwarding complete proposals, including integrity status, to UPSC. The consideration of such proposals, including whether an officer is to be included in the Select List provisionally or otherwise, is within the exclusive purview of UPSC. This Ministry neither examines nor adjudicates upon the grant or withholding of integrity certificates. Therefore, any alleged delay in induction arising from provisional inclusion cannot be attributed to this Ministry.
Respondent Nos. 3 & 4 has also filed written statement and states that the State Government vide letter dated 01.10.2018 had submitted proposals for preparation of year-wise Select Lists of 2016 and 2017 for induction of State Police Service officers into the Indian Police Service of Assam Segment of Assam Meghalaya Joint Cadre against 03 and 02 vacancies respectively. In the proposals, pending of criminal proceedings pending against the applicant was mentioned in the statement. Since applicant's name was recommended provisionally for the Select List of 2016, his case was also considered for inclusion in the Select List of 2017, in addition to the normal zone of consideration, in accordance with the second proviso to Regulation 5(5) of the said Regulations. However, as the recommendation of the applicant's name for inclusion in the Select Lists of 2016 and 2017 remained provisional, and the validity period of the said Select Lists expired without the requisite integrity certificate being furnished, the applicant could not be appointed to the Indian Police Service by the Government of India, Ministry of Home Affairs.
Respondent Nos. 3 & 4 has further states that thereafter the name of the applicant was considered for inclusion in the Select List of 2018. In proposal submitted by State Government for the Select List of 2018, the integrity of the applicant was again withheld by the State Government mentioning that the 'Criminal case is registered vide ACB PS Case No. 04/2016 U/S 120 (B)/167/409/420/468 IPC R/W Sec. 13 (1)(c)(d)/13(2) PC Act 1988. On the basis of the ACRs, the Selection Committee categorized the applicant as 'Very Good', however due to withholding of the integrity certificate by the State Government, the name of the applicant was recommended 'provisionally' by the Selection Committee met on 26.12.2019 for preparation of Select List of 2018.
Respondent Nos. 3 & 4 has further pleads that the Selection Committee Meeting which prepared the year-wise Select Lists from 2019 to 2023 was held on 22.11.2024. The name of the Applicant was in the consideration zone in various Select Lists and considered as per his seniority in the State Police Service submitted by the State Government with the proposals. On the basis of ACRs the applicant was overall categorized as 'Very Good' for all the Select Lists of 2019 to 2023, however due to withholding of his integrity certificate by the State Government his name was recommended ‘provisionally' for inclusion in the Select Lists. The recommendations of the Selection Committee that prepared the year-wise Select Lists was approved by the Commission vide letter dated 16.01.2025 and acted upon by the Government of India, Ministry of Home Affairs vide notification dated 17.01.2025. The State Government vide email dated 28.03.2026 has sent a proposal to the Commission with the request to reconsider the case of applicant for induction into the IPS of Assam Segment of Assam-Meghalaya Joint Cadre as the State Government has issued integrity certificate in respect of the applicant, which was not accepted and communicated to the State Government vide letter dated 02.04.2026.
Respondent Nos. 6 & 7 has also filed written statement and states that the Home (A) Department to the Government of Assam withheld Integrity Certificate as a Criminal case was registered against the Applicant vide case No. 04/2016 U/S 120(B)/167/409/420/468 IPC R/W Sec.13{1)(c)(d)/13(2) PC Act 1988. They further pleads that an IPS Officer becomes eligible for promotion to DIGP on completion of 14 years of service which is calculated from the assigned Year of Allotment notified by Ministry of Home Affairs, Government of India. The Applicant is yet to be inducted to Indian Police Service from the State Police Service. For considering the induction of the Applicant against the Select List of 20186, this Department vide letters dated 04.02.2026 & 13.03.2026 requested the Union Public Service Commission ( in short “UPSC’) to convene a Review Selection Committee Meeting for considering the retrospective promotion to IPS against the Select List of 2016 by forwarding the integrity granted since the Select List of 2016. The Applicant is eligible to be promoted to the rank of Inspector General of Police as per seniority list only after being nominated to IPS and after assigning the year of allotment in IPS by Ministry of Home Affairs, Government of India.
Against the written statement of respondent Nos. 3 & 4, applicant has filed rejoinder and states that the respondents have admitted that the applicant was assessed as "Very Good" resulting in his inclusion in the select list for the year 2018. However, due to erroneous withholding of the integrity certificate, his promotion could not be effectuated. Therefore, such error which occurred to include the name of the applicant as "provisionally" is required to be corrected by holding Review SCM upon clearance of integrity certificate that in ACB P.S. Case No. 04/2016, till date, no charge sheet has been issued. Again the Baithalangso P.S. Case No. 67/2021 already resulted into submitting of Final Report by the investigating authority which was accepted by the Learned Court of Judicial Magistrate 1st Class, Hamren, West Karbi Anglong. Therefore, withholding of integrity certificate by the Government of Assam was absolutely erroneous on the face of the records of the case and the State of Assam has corrected such mistake by issuing the integrity certificate w.e.f. the year 2016. Due to such erroneous withholding of integrity certificate of the applicant, he was erroneously included in the select lists of 2016 to 2023 as "Provisional". Therefore, such erroneous inclusion as "Provisional" is required. Further, the reasons cited by the UPSC to reject the proposal of the Government of Assam are totally erroneous, unfounded and arbitrary. So far as expiry validity of the select list of 2016 and 2017 cited as a reason not to hold Review SCM is concerned, applicant states that the name of the applicant was already incorporated in all the select lists of 2016 to 2023. Therefore, it is not a case of alteration of the select list, rather, it is a case of correction of erroneously showing his inclusion as "provisional" in terms of erroneous withholding of integrity certificate by the State of Assam. Hence, the validity of the select list cannot come in the way of holding Review SCM to correct the mistake and grant promotion to the applicant against the Select List of 2016. So far as the contention raised by the respondents pertaining to absence of provision pertaining to hold Review SCM in the promotion regulation is concerned, it is stated that the DOPT vide OM dated 22/07.2024 at para 20 categorically provides for holding Review SCM for correction/rectify of mistakes.
Sri H.K. Das, Sr. Advocate assisted by Ms. D. Mahanta, learned counsel for the applicant, Sri A. Kundu, learned Addl. CGSC for respondent Nos. 1, 2 & 5, Dr. A. Todi, learned counsel for respondent Nos. 3 & 4 and Sri A.K. Chaudhury, Junior Government Advocate, Assam for respondent Nos. 6, 7 & 8 were heard and scrutinized the entire conspectus of the case.
The basic grievance of the applicant is that his juniors in the State Police Service were promoted to the rank of Deputy Inspector General of Police in the IPS Cadre vide order dated 01.01.2026 by withholding the case of the applicant on the plea of expiry of validity of the Select List. Applicant also pleads that he has filed the instant case for holding Review SCM to correct the error of inclusion of his name in the Select List of 2016 and onwards as “provisional” after clearing of the Integrity Certificate by the State of Assam vide Notification dated 04.02.2026 (Annexure-A/7) since the Select List of 2016. As per the learned Sr. Advocate for the applicant, there are Judgments of the Hon’ble Supreme Court, Hon’ble Gauhati High Court as well as decision of this Tribunal directing the UPSC for holding Review SCM to correct such errors and consequent placement of the officers in his appropriate place in the seniority list upon grant of promotion retrospectively. He also has placed the following Judgments in support of his argument:
Judgment and Order dated 31.05.2018 passed by the Hon’ble Gauhati High Court in WP(C) 598/2017 wherein it was directed the Principal Secretary to the Govt. of Assam in the Home and Political Department to constitute a review DPC and consider the case of the petitioner as per its own merit and entitlement and bring the process to its logical end.
Judgment and Order dated 13.02.2017 passed by the Hon’ble Gauhati High Court in WP (C) No. 3021/2015 wherein by discussing various cases of Hon’ble Supreme Court, observed and held as follows:
“15.When the writ petitioner was never considered on merit in the year 2009A and 2010 by the selection committee, she is entitled to just consideration of her claim for promotion and the law permits exercise of such power by the Review Selection Committee. [Union of India Vs. Dr. M.G. Dighe (1991)4 SCC 551]. The judicial power must be exercised to achieve a judicious result and not addressing the injustice done to the petitioner cannot be supported in law.
16.For the foregoing discussion, we hold that the relief claimed in this case should be granted and accordingly we interfere with the rejection of the writ petitioner's case by the learned Tribunal, by setting aside the order dated 20.01.2015 (page-176) in the O.A. No.171/2013. The Review Selection Committee is accordingly ordered to consider the writ petitioner's claim for promotion in the year 2009A and 2010. In the event, her claim is found to be justified by the Review Selection Committee by application of the norms under the Promotion Regulations, she would be entitled for ante-dating her promotion, from the relevant dates, when her colleagues and juniors were promoted. This however should not result in reversion of any of the private respondents, but only the seniority in the cadre of IPS for the concerned years, need be re-fixed.
17.In order to complete the required exercise as ordered above, the State, the Central Government and the UPSC are directed to take all necessary steps so that the Review Selection Committee can complete the consideration within the outer limit of 4(four) months. It is ordered accordingly. With this order, the writ petition stands disposed of without any order on cost.
18.Furnish this order to the parties who are required to take necessary steps to comply with our direction.”
Order dated 23.03.2026 passed by CAT, Guwahati Bench in O.A. No. 040/130/2025 wherein it is held that:
“5.In view of the above, the respondents are directed to convene a Review DPC to consider promotion of the applicant on the basis of upgraded APARS as noted above with a further direction to them to grant promotion to the applicant, from the date when he was eligible as per seniority assigned to him. Consequential benefits, if any, flowing from grant of such promotion shall also be granted to the applicant.”
Now we peruse the communication dated 04.02.2026 issued by the Government of Assam, Home (A) Department to the Secretary, Union Public Service Commission, New Delhi (Annexure-A/7). The contents of the said communication are as follows:
“With reference to the subject cited above and letters under reference. I am directed to inform you that the Government of Assam has decided to issue the Integrity Certificate to Shri Amab Deka, APS, Commandanı, 17th APBn, Dakurbhita, Goalpara. Assam, which was withheld by the State Government since the Select List of 2016. The Integrity Certificate will be issued to Shri Amab Deka, APS in the prescribed format with effect from his initial consideration for nomination to IPS, I.e.. against the vacancies arising out of the Select List of 2016. The said Integrity Certificate will be enclosed with the proposal which the Department will submit shortly to the Union Public Service Commission by way of the Single Window System for convening a Review Selection Committee Meeting for nomination to IPS.” (emphasis supplied)
Further, we are in hand the Notification dated 17.01.2025 issued by the Government of India, Ministry of Home Affairs (At page 148 of the OA), wherein in the Select List of 2019, 2020, 2021, 2022 & 2023, name of the applicant was figured at Sl. No. 1 i.e. OA. However, his case was not considered in the Order dated 01.01.2026 issued by the Government of Assam (Annexure-A/6). Thereafter, vide letter dated 13.03.2026 (Annexure-R/1), Government of Assam, Home (A) Department forwarded the four representations of the applicant dated 08.09.2025, 21.01.2026, 27.01.2026 and 28.01.2026 to the Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi with a request to consider applicant’s retrospective promotion to Indian Police Service against the vacancy of Select List of 2016. In the said forwarding letter, Government of Assam has also states their decision to grant the Integrity Certificate to the applicant which was kept withheld since the initial Select List of 2016, so that his nomination to the Indian Police Service can be considered against the vacancies arising of the Select List of 2016. With reference to the said letter dated 13.03.2026, Government of Assam, Home (A) Department vide communication dated 26.03.2026 has requested the Secretary, Union Public Service Commission, New Delhi. The contents of the said communication are as follows:
“With reference to the subject cited above and in continuation of this Department's earlier letter No. HMA 1/2025/430 dated. 04.02.2026 and HMA 19/2017/257 dated 13.03.2026; I am directed to enclose herewith the self-contained original proposal prepared in prescribed format with regard to the nomination of Shri Arnab Deka, APS (DR-1993) to Indian Police Service against the Select List of 2016 and request you kindly to fix an early date to convene a Review Selection Committee Meeting (RSCM) for considering the retrospective promotion of the Officer against the vacancy arising out of the initial Select List of 2016.” (emphasis supplied)
The statutory architecture of the IPS (Appointment by Promotion) Regulations, 1955, leaves no room for ambiguous interpretations when an officer's provisional status is cleared.
The record demonstrates that the applicant was found suitable on merits by successive selection committees. He was penalized under a "provisional reservation" solely because of an investigation that did not culminate in a judicial charge-sheet or formal departmental censure. Now that the State of Assam has issued the letters dated 04.02.2026 and 12.02.2026, effectively erasing the integrity issue from 2016 onward, the provisional tag loses its legal basis. The UPSC cannot sit on a formal proposal sent by a State Government for a Review SCM. Unjustified delays by the Commission directly violate the officer's right to fair career progression under Article 16 of the Constitution. Because his juniors were elevated to the rank of DIG on 01.01.2026, any further administrative delay constitutes irreparable prejudice to the applicant, who has already lost a decade of seniority.
In view of the clear facts and the formal actions taken by the State of Assam, this Original Application is allowed with the following directions:
The Union Public Service Commission (Respondent No. 2) is directed to convene a Review Selection Committee Meeting (Review SCM) within a period of six weeks from the date of receipt of a certified copy of this order, taking into account the State's integrity clearances dated 04.02.2026 and 12.02.2026.
The Respondents shall structurally modify the IPS Select List of 2016 to shift the applicant's name from 'provisional' to 'unconditional' at his rightful place of seniority.
The Ministry of Home Affairs (Respondent No. 1) shall issue the formal induction notification within four weeks from receiving the UPSC's review findings, fixing his year of allotment retrospectively.
The applicant shall be granted notional seniority and next-below-rule promotions up to the rank of DIG, at par with his immediate junior who was promoted via the notification dated 01.01.2026, with all consequential financial arrears calculated and paid within three months thereafter.
Pending M.A., if any, stands disposed of. There shall be no order as to costs.