Central Administrative Tribunal - Gauhati
Ajoy Debbarma vs M/O Environment And Forests on 11 March, 2021
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
CIRCUIT COURT AT AGARTALA
Original Appi ication No, 041 0278/2019
Date of Order: This, the 11! Day of sig n, 2021.
HON'BLE MRS.MANJULA DAS, JUDICIAL MEMBER
HON''BLE MR. N NEIHSIAL, ADMINISTRATIVE MEMBER
_ $f Ajoy Debarma |
\g/o Lt. Norayan Debbarma
Resident of 47, Saraldas Para
P.O & P.S: Mandal Nagar
inonia.t oe 799 045 |
Applicant
a oe
1. The Indian Council of Forestry Research
And Education, An autonomous Body
Under the Minsitry of Environment, Forest
And Climate Change. Government of India
New Forest, Kaulagorh Road, PIN: 248006
Dehradun, Uttarkhand,
2. The Director General.
indian Council of Forestry Research
And Education, New Forest, Kavlagarh Road,
PIN: 248006, Dehradun, Uttarkhand.
3. The Director,
Rain Forest Research Institute
Deovan, AT Road, Jorhat
Assam, PIN: 785001.
4, The Head,
livelyhood and Extension
Hatipara Forest Complex
Sal Bagan, Gandhigram
Agartala, P INE 799 O12,
Tripura: (West).
/ | . Respondents
Advocate for {he applicank Shri C$ Sinha
Advocate for the respondents: Sri § K Ghosh, Addl. C.GS.C.
ORDER (ORAL)
| -- on JUDICIAL MEMBER:
This case has been fled for Setting aside of the decision ofthe Level | Screening Commiltee meeting on 2?il 2018 'Applicant also prays for setting aside and quashir ng of the order dated 25.07.2019 issued by the Bilecta) Genera Indian Council of Forestry Research and paid (here einafter would be referred to as ICFRE by which n grading given by the reviewing authority in the APAR for ihe year 2017-1 & had been retained. |.
2. Heard Sri C § Sinha, learned counsel for the applicant and Sri $.K.Ghosh, learned Addl. C.G.S.C. for the respondenis.
3. The limited issued before us is as ta whether duly completed APAR for the year 2017-18 Ras been communicated to the applicant within the time or not. in the present case, learned counsel for the applicant argued that Si . the Screening Committee meeting held on 27.11.2018 while | considering the case of the applicant for promotion fo the post of Scientist C from Scientisthad taken into consideration the uncommunicated APAR of the applicant for the year 2017-2018. Ht is the positive argument of the learned counsel for the opplicant that the APAR for 2017-2018 was never communicated fo the applicant before the meeting of Level | Screening Commitiee.
4, On the other hand, learned counsel for the respondents submitted that APAR and gracing and all had been communicated to the applicant in the month of | September, 2018 and he did make representation on 10.12.2018 and 11.12.2018.
Q. : By countering the said arguments advanced by the leamed counsel for the respondents, learned counsel for the. applicant Vel -mently submited that the APAR for the year 2017-2018 h before he counsel sub ted that he requested fo upload his APAR lated 6 & 7" December, 2018 and he was _ pt of the same the applicant supmitied the representatio for upgradation of the APAR for 2017-2018 in fime i.e. on 10.12.2018, 6 We note that as per provisions of DoPT OM dated 14,05.2009, the stipulated period of submission of representatl is no lapse on representaii representall 5 disputed that the representation was disposed of after the meeting of Screening Committee | meeting held on
--* 97.11.2018.
7. The pointis that though upgradation was not made to the Benchmark by the authority that is not concerned in this case Inasmuch as OM dated 14.05.2009 issued by the DoPT ought to have been followed by the authority while intimating the APAR to the applicant. In the instant case, though the leamed counse for the respondents submitted that APAR had been communicated In the month of September, 2018, there is no proof of evidence fo establish his subrnission. On the other hand, learned counse} for the applicant submitted documentary evidence Le. email dated 07.12.2018 received from the depariment which ' clearly says as 'Kindly find information along wilh attachment sent herewith as desired over phone". This information was provided in response fo dpplicant's mal dated 06.12.2018 as "Kindly check whether my recent is not accessible from FRCLE, Agartala due fo lack of VPN (Virtual Private Network}, If itis uploaded, kindly forward me the soft copy please." Thus, it is apparent to belleve that ine yeor 2017-18 has not been cormmunicated fo plicant in time thus thereby the respondents had violated the provisions of DoPT OM dated 14.05.2009.
8. : We, therefore, deem i fit and proper to direct the respondents 1o hold review selection committee meeting to consider the case of the applicant for promotion by ignoring the APAR 201 7-201 8 within a period of three months from the date of receipt of this order. Ordered accordingly.
9. : OA'S disposed of accordingly. There shall. however, be no arder as to costs.
Sey Manjuls Das Hon'ble Member (J) Sdf-
_ MrlN. Neihsial Hon'ble Member (A}