IN THE 259 DR MILI NAG UNION OF INDIA CORAM : HON'BLE Present: - Mr. for Mr. for VINOD S. BHARDWAJ, 1. The of the order dated Deputy Inspector petitioner further respondents to consider 2. Learned considerable seniority Force for over three THE HIGH COURT OF PUNJAB AT CHANDIGARH CWP Date BISWAS VERSUS INDIA AND OTHERS HON'BLE MR. JUSTICE VINOD ***** Mr. Nitin Sharma, Advocate the petitioner. Mr. Sunil Kumar Sharma, Senior Panel the respondents. ***** BHARDWAJ, J. (Oral) The present writ petition has been dated 05.11.2024, whereby the posting Inspector General (Medical), Jodhpur, further prays for issuance of an appropri consider and effectuate her posting Learned counsel submits that the petitioner, seniority and merit, has been serving three decades with an unblemished PUNJAB AND HARYANA CHANDIGARH CWP-2910-2025 (O&M) Date of decision: 29.07.2025 ......Petitioner .......Respondents VINOD S. BHARDWAJ Panel Counsel, been instituted seeking quashing posting of the petitioner as Jodhpur, has been cancelled. The appropriate direction to the posting as DIG (Medical). petitioner, a medical officer of serving in the Border Security unblemished service record. It is urged VISHAL SHARMA 2025.08.04 11:14 I attest to the accuracy and integrity of this document CWP-2910-2025 that a Departmental 2023, however, Deputy Inspector considered and exclusion, the petitioner 2023 before the denial of promotion. considering the meeting i.e., 01.09.2022, proceedings pending served upon her. the zone of consideration petitioner’s right judgment dated petition and directed and consider the extending to her were promoted. 3 Pursuant promotion order promoted to the to the Composite 08.03.2024. However, 2025 (O&M) Departmental Promotion Committee (DPC) did not consider the petitioner Inspector General (Medical), despite several ultimately promoted. Aggrieved petitioner instituted Civil Writ the Hon’ble Calcutta High Court, promotion. It is pointed out that the entire material on record held that 01.09.2022, there were no disciplinary pending against the petitioner and her. The Court found that the exclusion consideration was arbitrary, unfair, right to fair treatment in service dated 12.10.2023, the Calcutta High directed the respondents to reconvene the petitioner for promotion to the her all notional benefits from the Pursuant to the aforesaid directions, order dated 15.01.2024, whereby the post of DIG (Medical). Consequent Composite Hospital, BSF, Jodhpur, Rajasthan, However, it is contended that the respondents -2- (DPC) convened in February for promotion to the post of several of her juniors being Aggrieved by such discriminatory Petition No. WPA 6078 of Court, challenging the wrongful the Calcutta High Court, after that as on the date of the DPC disciplinary or departmental and no charge sheet had been exclusion of the petitioner from , and was in violation of the matters. Accordingly, vide High Court allowed the writ reconvene a DPC within two months the post of DIG (Medical) and the date on which her juniors directions, the respondents passed a whereby the petitioner was duly Consequent thereto, she was posted Rajasthan, vide order dated respondents thereafter initiated VISHAL SHARMA 2025.08.04 11:14 I attest to the accuracy and integrity of this document CWP-2910-2025 departmental proceedings punishment awarded her Jodhpur posting petitioner contends design to frustrate urged that the petitioner her posting to Jodhpur procedure. However, and relying upon have, in effect, nullified law. It is argued arbitrary and amounts undermining both orders. Furthermore, appointed in her grievance urgent 4. On respondents. The order dated 14.07.2025, sanction to appoint Inspector General 08.09.2022 i.e. financial upgradation 2025 (O&M) proceedings against the petitioner awarded to her vide order dated 03.09.2024, posting vide order dated 05.11.2024. contends that the entire sequence of frustrate the effect of the Calcutta High petitioner was promoted pursuant Jodhpur was also in consonance However, by subsequently initiating upon the outcome thereof to cancel nullified the benefit extended to argued that such a course adopted by amounts to a colourable exercise both the petitioner’s service rights Furthermore, it is submitted that another her place at Jodhpur, thereby urgent and irreparable in nature. the notice having been issued, The Counsel for the respondent has 14.07.2025, the competent authority appoint the petitioner, on her promotion General (Medical) in the CAPF, when her immediate junior was upgradation under DACP scheme has -3- petitioner and, on the basis of the 03.09.2024, proceeded to cancel 05.11.2024. Learned counsel for the of events reveals a mala fide High Court’s judgment. It is pursuant to judicial directions, and consonance with routine administrative initiating departmental proceedings her posting, the respondents to the petitioner by a Court of by the respondents is ex facie exercise of administrative power, rights and the authority of judicial another officer has now been thereby rendering the petitioner’s issued, reply has been filed by the has now informed that vide authority has already granted promotion to the rank of Deputy on notional basis w.e.f. was promoted. The benefit of has also been extended and VISHAL SHARMA 2025.08.04 11:14 I attest to the accuracy and integrity of this document CWP-2910-2025 seniority has also thus submits that pay have already that there had been of DIG (Med) as withdrawn and submitted that the she requested that places such as C.H. contends that since officers in the ranks request has already expeditiously. He under active consideration already expressed appropriate decision 5. At submitted, on instructions, charge at Civil adjustment at one Jalandhar, is not 6. Be at a station of her 2025 (O&M) also been ordered to be placed above that the benefit of the posting order already been sanctioned by the competent been no withdrawal or reversion as the order of her promotion had it was only the order of posting the petitioner had sent a request for that her postings orders may be issued C.H. Srinagar, C.H. Chandigarh or since the competent authority for issuing ranks of DIG and above is the Union already been forwarded and a decision He submits that since the request consideration and even as per expressed that she is not wanting to decision shall be taken in a time bound this stage, learned counsel appearing instructions, that the petitioner has Hospital, BSF, Jodhpur, in the one of her preferred stations namely, not feasible. that as it may, since the request her preference has already been -4- above Dr. S. Patondikar. He order and seniority as well as the competent authority. It is submitted of the petitioner on the post had never been cancelled or posting that had been stayed. It is for choice of posting wherein issued near to Ambala and in or C.H. Jalandhar/Punjab. He issuing posting orders for the Union of India, hence, the said decision shall be taken thereupon request of the petitioner is already her representation, she has join at Jodhpur, hence, an bound manner. appearing for the petitioner has has no objection to assuming the event that her request for namely, Srinagar, Chandigarh, or request of the petitioner for posting forwarded to the competent VISHAL SHARMA 2025.08.04 11:14 I attest to the accuracy and integrity of this document CWP-2910-2025 authority for appropriate the post at CH BSF, considered view respondents to take request. The said law, and in any case, 7. The terms. 8. All disposed of. JULY 29, 2025 Vishal Sharma 2025 (O&M) appropriate consideration, and further, BSF, Jodhpur presently stands occupied, view that it would be just, proper take a conscious and reasoned said decision shall be taken expeditiously, case, not later than a period of six The present writ petition is accordingly the pending miscellaneous application(s), (VINOD Whether speaking/reasoned Whether Reportable -5- further, in view of the fact that occupied, this Court is of the and expedient to direct the decision on the petitioner’s expeditiously, in accordance with six weeks from today. accordingly disposed of in above application(s), if any, are also (VINOD S. BHARDWAJ) JUDGE : Yes/No : Yes/No VISHAL SHARMA 2025.08.04 11:14 I attest to the accuracy and integrity of this document