Court quashes earlier recommendation ; Orders fresh DPC for cops' promotion
Source: The Sangai Express
Imphal, October 23 2015 :
A single bench of the High Court of Manipur headed by Justice N Nobin today quashed and set aside the recommendation of review DPC board and the State Government order issued on October 18,2013 regarding the promotion of Inspectors Subedars and Subedar Majors to MPS Grade-II.
The Court also ordered the MPSC to hold a fresh review DPC to consider all the cases of eligible candidates who are within the zone of consideration as one January 12, 2007 for appointment on promotion to the post of MPS Grade-II in accordance with the Manipur Police Service Rules, 1965 and submit its recommendation within a period of three months from the date of receipt of copy of the Court's judgment.
The order also said that all incumbents including the petitioners, private and proforma respondents should be allowed to continue in service in their respective positions till a fresh order is issued by the Government based on the recommendation made by the review DPC board.
The judgement also said that no down-gradation or up-gradation of ACRs is permissible while determining merits of the petitioners and respondents and proforma respondents.
Regarding the respondents who were not the parties before the High Court under WP (C) number 267 of 2007, no down-gradation or up-gradation of their ACRs is permissible except in accordance with what has been held by the Division Bench through the writ appeal.
It may be mentioned that the writ petition was filed by Lourembam Deben of Khoyathong Polem Leikai and Thingom Ramgopal Singh of Chingamakha Yengkhom Leika against the State Government and others regarding the promotion of some Inspectors, Subedars and Subedar Majors to MPS Grade-II in Manipur Police Department.
In their petition, the petitioners mentioned that they were promoted to Inspector from Sub-Inspector after they appeared in a DPC held on March 27, 1998 .
The writ petition also mentioned that during the service career of the two Inspectors, they have earned rewards and medals for outstanding and meritorious services.
Between 2005 and 2007, there were 41 vacant posts of MPS Grade-II in the Manipur Police Department.
On January 12, 2007, MPSC conducted a DPC to fill-up these vacant posts.
However, the petitioners were not selected for promotion despite having good service records, the petition claimed.
As such, they filed a writ petition at the High Court of Manipur challenging the recommendation of the DPC board and subsequent Government order.