Delhi HC issues notice to DG CISF in contempt plea filed by officer

New Delhi [India] June 28 : The Delhi High Court on Friday issued notice to Director General (DG) of Central Industrial Security Force (CISF) and other authorities in a contempt plea filed by a CISF officer over alleged violation of two High Court orders. The petitioner has sought contempt proceedings for violation of court orders.
Assistant Commandant Diwakar Pande has moved a petition claiming that a promotion list has been issued despite a stay on the promotion from Assistant Commandant/JAO to Deputy Commandant/Executive.
Vacation bench of Justice Dharmesh Sharma issued notice to DG CISF, Chairman UPSC, Union Home Secretary and Secretary Department of personnel and Training (DoPT).
The High Court has directed to file a short affidavit and listed the matter for hearing on July 8.
Advocate Ajay Sharma appeared for petitioner. He argued that despite a stay by the High court on October 7, 2022 and February 3, 2023, a promotion list from the rank of Assistant Commandants/JAO (Junior Administrative Officer) to the rank of Deputy commandant/Executive was issued on May 30, 2024.
Counsel for the petitioner referred to the order of October 7, 2022, which said, "Till further orders, the appointment for LDCE (Limited Departmental Competitive Exam) recruited and direct recruitment of Assistant Commandant/Executive and promotion of Assistant Commandant / JAO to Deputy Commandant/Executive shall be stayed."
Another order passed by the the High Court on February 3, 2023 was also referred which modified the earlier order and said, "After hearing learned counsels for the parties at some length, we hereby modify the order dated 07.10.2022 to the extent that any selection on
the post of Assistant Commandant in the CISF shall be subject to the outcome of the present petition."
In 2022, the petitioners Diwakar Pande (then Inspector) and others moved a petition seeking directions to respondents to give regular promotion to petitioner from the rank of Inspector/ Executive to the next rank of Assistant Commandant/Executive along with consequential benefits/ compensation with completion of a period of five years of service in the rank of Inspector/Executive with retrospective effect in compliance of the report laid down before the Parliamentary Committee and numerous office memorandums in this regard and further considering the petitioners for equivalent residency period as existed in the rank of counterpart Inspectors of CAPFs in view of Parliamentary Committee Report and the guidelines issued by the Department of Personal Training in its letter on December 31, 2010.
After filing of petition, Diwakar Pande and others were promoted to the rank of Assistant Commandant.
It is contended by the counsel that the promotion of Assistant Commandant/JAO to the rank of Deputy commandant/Executive is contravention to the rules.