A Bench of Judges of the Supreme Court Justice Dr. D Y Chandrachud and Justice Ajay Rastogi passed Judgment, in the case of Civil Appeal No. 266 of 2020 in Shamsher Singh Sandhu v Union of India & Ors and allowed appeal. This appeal arised from a judgment and order of the High Court of Jammu and Kashmir dated 29 October 2014 in a Letters Patent Appeal.
The dispute in the present case pertains to the claim of the appellant for promotion to the rank of Inspector General of Police. The appellant was holding the rank of Deputy Inspector General in the CRPF, having initially been inducted into the service in 1976. When his turn came up for being considered for promotion as an IG, the Annual Medical Examination on 22 June 2011 categorized the appellant as S1H1A1P2E1 (T-24) rendering him unfit for promotion. In the Annual Medical Examination on 4 January 2012, he was again categorized as S1H1A1P3E1 (T-12). A Review Medical Board was convened on 16 June 2012 which assigned to the appellant a SHAPE 2 (T-24) categorization.
Again on 13 July 2012, at the behest of the appellant, a Medical Board was
constituted of officers outside the CRPF which on 13 July 2012 assigned to the
appellant a SHAPE 2 (Permanent) categorization. This was followed by a Medical
Board on 26 July 2012 under the directions of the Union Home Secretary.
Eventually, on 27 August 2012 and 31 August 2012, the appellant was examined at
the Dr Ram Manohar Lohia Hospital in which he was assigned the medical
categorization of S1H1A1P1 (o024)E1. On 4 January 2013, a Medical Board was
constituted at the All India Institute of Medical Sciences, but the appellant
did not present himself for medical examination. In February 2013, a Medical
Board chaired by the ADM (Medical), with two IG rank officers in the Medical
Division of other Forces, was constituted, which reported the appellant to be in
the SHAPE 2 (Permanent) category.
The appellant had instituted proceedings before the High Court of Jammu and
Kashmir, which resulted in interim directions in pursuance of which the
appellant was initially examined by a Board of the All India Institute of
Medical Sciences. The report of the Board dated 2 July 2014 was examined by a
Committee constituted by the Ministry of Home Affairs. The Committee opined that
the appellant was in a SHAPE 3 (Permanent) category with a longstanding case of
diabetes and hypertension. It may be noted, at this stage, that during the
chequered history of the present case, the appellant was, on the basis of the
report of the Dr Ram Manohar Lohia Hospital, granted promotion as an IG in
September 2012. The appellant was posted as IG (Operations) with the CRPF in
Jammu and Kashmir.
Subsequently, on 3 April 2013, the order of promotion was withdrawn with
immediate effect following which he was reverted to the rank of DIG. The order
of reversion was stayed by the High Court on 9 April 2013, as a result of which,
the appellant continued to work as IG. Both the learned Single Judge and, in
appeal, the Division Bench rejected the plea of the appellant to substantive
promotion to the rank of IG. On 13 November 2014, this Court, while issuing
notice on the Special Leave Petition, directed that the status quo shall be
maintained by the parties until further orders. As a consequence of the interim
order passed by this Court, the appellant continued to work in the rank of IG
until his eventual retirement from serviceon 31 January 2016.
During the pendency of these proceedings, on 8 September 2015, this Court
directed the constitution of a supplementary Departmental Promotion Committee to
consider the appellant for promotion to the rank of Additional DGP, CRPF. A DPC
was convened on 21 October 2015, the result of which has been placed in a sealed
cover.
Having heard the rival submissions, the significant aspect of the case which merits emphasis is that the appellant continued to work, pursuant to the order of promotion that was granted to him to the rank of IG until he was reverted to the rank of DIG. The order of reversion was passed without the issuance of a notice to show cause and without furnishing any opportunity of being heard to the appellant. During the pendency of the proceedings before the High Court, the order of reversion was stayed. Then again, when the proceedings came before this Court upon the dismissal of the Writ Petition as well as the Letters Patent Appeal, this Court directed the maintenance of status quo. The appellant, as a result of the interim order passed by this Court, continued to work as an IG rank officer until the date of his superannuation. He did so for a period of nearly four years.
Having regard to the above factual position, we are of the view that the ends of
justice would require a direction by this Court, in exercise of its jurisdiction
under Article 142 of the Constitution, that the retiral dues of the appellant be
computed and released on the basis that he has retired from service in the
substantive rank of an IG. However, having perused the record, particularly the
report of the Medical Board which was constituted finally in pursuance of the
directions of the High Court, we are not inclined to issue any further
directions for the consideration of the case of the appellant to the rank of
Additional DGP and we are of the view that the matter must rest there. We have
in consequence accepted the second limb of the submissions urged by Mr Lekhi,
the learned ASG. The appellant's claim for promotion as Additional DGP is in
consequence not accepted.
We accordingly dispose of the appeal with a direction that the retiral dues of the appellant shall be computed and released to him within a period of two months from the date of receipt of a certified copy of this order on the basis of the position that he retired as an IG on 31 January 2016. The sealed cover shall, in consequence, be returned to the respondents. The appellant shall have no further claim for promotion as an Additional DGP. There shall be no order as to costs.