The Court dismissed a writ petition by an Inspector challenging CISF promotion proceedings. The petition was dismissed due to the absence of affected parties and the respondent's statement that the petitioner had already been promoted to Assistant Commandant.
The writ petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.6632 OF 2004
DATED 2 3 RD OCTOBER, 2009
BETWEEN
Jitender Singh … Petitioner And
Director General, Central Industrial Security Force, Block No.13, C.G.O.’s Complex, Lodhi Road, New Delhi – 13. And Others … Respondents
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.6632 OF 2004
ORDER:
The petitioner, an Inspector in the Central Security Industrial Force (for brevity, ‘the CISF’), challenges the proceedings of the CISF in letter No.P-38618(4)/2/NSP/2003/CISF-129 dated 01.04.2004 whereby promotions were given to five persons, complaining that he was overlooked; and seeks a consequential direction to promote him to the rank of Assistant Commandant in the CISF.
The petitioner, having challenged the proceedings dated 01.04.2004 of the CISF whereby promotions were given to five other persons, failed to make them parties to this writ petition. In the absence of the affected parties, this Court cannot adjudicate the validity of the promotion order dated 01.04.2004. Further, the learned counsel for the respondent-CISF states that the petitioner was thereafter promoted to the post of Assistant Commandant.
In that view of the matter, this writ petition is liable to be dismissed and is accordingly dismissed. No costs.
____________________ SANJAY KUMAR, J.
23rd October, 2009. VGSR
1 issue framed by the court
Whether the writ petition challenging the CISF promotion proceedings can be adjudicated in the absence of the affected promoted officers.
Jitender Singh
Director General, Central Industrial Security Force
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
