Dismissed

Sudhindra Kumar Singh v. Rajni Kant Mishra IPS

Kerala HC7 Jun 2019Con.Case(C)/443/2019

Case brief

AI extract

What is this about?

In a contempt application, the Court held that the petitioner's claim for further promotions on par with juniors must be agitated in a separate writ petition and closed the contempt proceeding with liberty to approach the court for appropriate reliefs.

What did the court decide?

Contempt proceeding closed with liberty to the petitioner to seek appropriate reliefs in a separate writ petition.

Sudhindra Kumar Singh Vs Rajni Kant Mishra IPS — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

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Con.Case(C).No. 443 of 2019 IN WP(C). 31991/2015

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AGAINST THE JUDGMENT IN WP(C) 31991/2015 of HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN WPC:

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SUDHINDRA KUMAR SINGH AGED 55 YEARS S/O LATE MAJ.Y.SINGH, COMMANDANT, (IRLA18736137)BIDR, BSF ACADEMY, TEKANPUR, GWALIOR DISTRICT, MADHYA PRADESH, PIN 475 005, PERMANENTLY RESIDING AT SAINIK AUTO PARTS, G.T.ROAD, BEWAR DIST, MAINPURI (UP)

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BY ADV. SRI.P.T.DINESH

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RESPONDENTS/RESPONDENTS NOS.1 AND 3 IN WPC:

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1 RAJNI KANT MISHRA IPS

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AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, DIRECTOR GENERAL, BORDER SECURITY FORCE, BSF HEAD QUARTERS, 10,CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

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2 RAJIV GAUBA IAS

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AGE AND GATHERS NAME NOT KNOWN TO THE PETITIONER, HOME SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN 110 003.

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BY ADVS.

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SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.JAISHANKAR V.NAIR, CGC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 443 of 2019 IN WP(C). 31991/2015

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J U D G M E N T

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Respondents produced Ann.R1(a) issued on

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27.02.2019 by which the petitioner was granted promotion to the Rank of Second-in-Command with effect from 16.06.2003 notionally and fixing his seniority accordingly. Now, the complaint of the petitioner is that he has not been granted subsequent promotions on par with his juniors.

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Learned CGC has filed a statement,

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pointing out that as per the Recruitment Rules certain eligibility criteria is required for consideration of promotion from Second-in-Command to Commandant.

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In these circumstances of the case, I am of the view that the claim of the petitioner for further promotions on par with his juniors is to be agitated in a separate writ petition.

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Con.Case(C).No. 443 of 2019 IN WP(C). 31991/2015

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This Contempt Case (Civil) is closed with

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liberty to the petitioner to seek appropriate reliefs.

Sd/-

P.V.ASHA, JUDGE.

Con.Case(C).No. 443 of 2019 IN WP(C). 31991/2015

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APPENDIX

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PETITIONER'S ANNEXURES :

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ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 2.11.2017 IN WPC NO 31991/2015

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ANNEXURE A2 TRUE COPY OF THE FORWARDING LETTER DATED 16.1.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL.

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ANNEXURE A3 TRUE COPY OF THE LETTER NO LEGAL CELL/SHQ MPR/WP 31991/18/731 DATED 16.1.2018 BY THE COMDT (OPS)OFFG DIG BSF CI (OPS) MANIPUR SECTOR.

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ANNEXURE A4 TRUE COPY OF THE REMINDER DATED 10.4.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL.

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ANNEXURE A5 TRUE COPY OF THE LETTER NO PF/ACY/OFFR/ESST 1/ACY/18/9961-62 DATED 24.4.2018 BY THE COMDT/ADJT,FOR DIRECTOR BSF ACADEMY TEKANPUR TO THE HQRS DG BSF.

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RESPONDENTS' ANNEXURES:

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ANN.R1(A) A TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENTS HEREIN DATED 27.02.2019.

Sudhindra Kumar Singh v. Rajni Kant Mishra IPS

Case brief

What is this about?

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Sudhindra Kumar Singh v. Rajni Kant Mishra IPS

Case brief

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What did the court decide?

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