In Brief
A DIG in the Indian Coast Guard challenged the rejection of his promotion to the rank of Inspector General (IG) by a DPC held on 23.07.2009. He argued that the DPC was conducted under revised selection criteria (CGO 02/09) issued one month before the DPC, whereas older criteria (CGO 02/05) applicable when posts were sanctioned should have applied. The High Court quashed the DPC and ordered a fresh one under the old criteria. The Supreme Court reversed this, holding that the applicable procedure is determined by the guidelines in force on the date the DPC is held, not the earlier sanction date. Since posts were finally created only when the President's approval was conveyed (May-June 2009), CGO 02/09 rightfully governed the July 2009 DPC. The Court also upheld the DG's authority to review the officer's ACR despite not observing him for 90 days, as the previous reviewing officer had retired.
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