Facts
The applicant, a 57-year-old officer, challenged the minutes of the Selection Committee Meeting dated 22.11.2024, which resulted in his non-selection for promotion to the Indian Police Service (IPS) cadre.
Source reference: p. 3The non-selection was based on un-communicated "Good" gradings in his Annual Performance Appraisal Reports (APARs) for the periods 01.04.2018–31.03.2019 and 01.04.2019–30.08.2019.
Source reference: p. 4While junior officers were promoted against 2022 vacancies, the applicant was bypassed.
Source reference: p. 4Subsequent to filing this Original Application (OA), the respondents communicated the gradings to the applicant on 25.07.2025.
Source reference: p. 4Following the applicant's representation, the authorities issued a Speaking Order on 25.01.2026, upgrading the gradings for both periods from "Good" to "Very Good".
Source reference: p. 4Issues
Whether the respondents are mandated to convene a Review Departmental Promotion Committee (DPC) to reconsider the applicant's promotion to the IPS in light of the retrospective upgradation of his APARs.
Source reference: p. 5Law Applied
The Tribunal applied the established principle of service law regarding the effects of retrospective upgradation of APARs.
Source reference: p. 5Specifically, when a below-benchmark or adverse grading that hindered promotion is subsequently upgraded by the competent authority, the employer is legally obligated to convene a Review DPC to re-evaluate the employee's fitness for promotion from the date they originally became eligible.
Source reference: p. 5Reasoning
The Tribunal observed that the applicant's primary grievance—the existence of "Good" gradings that acted as a bar to his IPS promotion—was effectively redressed during the pendency of the litigation when the respondents upgraded the marks to "Very Good".
Source reference: p. 5The counsel for the respondents raised no objection to the prayer for a Review DPC.
Source reference: p. 5The court reasoned that since the impediment (the lower grading) had been removed, the applicant's right to be considered for promotion based on his corrected service record must be enforced to ensure he is not penalized for previously un-communicated remarks.
Source reference: p. 5Consequently, a Review DPC is the necessary administrative mechanism to determine if the applicant would have been selected had the "Very Good" gradings been on record during the original selection process.
Source reference: p. 5Holding
The Tribunal disposed of the OA by directing the respondents to convene a Review DPC within three months from the receipt of the order.
The respondents were ordered to consider the applicant for promotion to the IPS based on the upgraded APARs and, if found fit, grant him promotion with retrospective effect from the date he was eligible as per his assigned seniority.
Source reference: p. 5The court further directed that the applicant be granted all consequential service benefits flowing from such promotion.
Source reference: p. 5No costs were awarded.
Source reference: p. 6Original Court PDF
Sri Sanjib Sekhar RoyvsHOME AFFAIRS
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