Central Administrative Tribunal - Gauhati
Satya Prakash Tripathi Ifs vs M/O Environment And Forests on 19 July, 2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 046/00307/2016
Date of Order: This, the 19th Day of July, 2021
THE HON'BLE MS. MANJULA DAS, MEMBER (J)
THE HON'BLE MR. NEKKHOMANG NEIHSIAL, MEMBER (A)
Sri Satya Prakash Tripathi, IFS
Chief Wildlife Warden
Transit Camp, Forest Colony
Dimapur, Naaland - 797112.
... Applicant
- Versus -
1. The Union of India
Represented by the Secretary
Ministry of Environment and Forest
4th Floor, Prithvi Block
Indira Paryavaran Bhawan
Jorbagh, Aligunj, New Delhi - 110003.
2. The Chief Secretary to the Government of
Nagaland, Kohim, Pin - 797001.
3. The Commissioner & Secretary
To the Government of Nagaland
Department of Environment
Forest and Climate Change
Kohima, Pin - 797001.
4. The Additional Chief Secretary &
Development Commissioner
Government of Nagaland
Kohima, Pin - 797001.
O.A. No. 046/307/2016
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5. The Selection Committee
Convened on 07.06.2016
Headed by the Additional Chief Secretary
& Development Commissioner
As Chairman, Govt. of Nagaland
Kohima, Pin - 797001.
6. Sri I. Panger Jamir
Principal Chief Conservator of Forest
& Head of the Forest Force
Nagaland, Kohima, Pin - 797001.
7. Sri M. Lokeswara Rao, IFS
Retired Principal Chief Conservator of Forest
& Head of the Forest Force
Through the Commissioner & Secretary
To the Government of Nagaland
Department of Environment
Forest and Climate Change
Kohima, Pin - 797001.
...Respondents.
For the Applicant : Sri U.K. Nair, Sr. Advocate &
Ms. N. Shyamal
For the Respondents : Ms. T. Khro, Govt. Advocate
Nagaland.
Date of Hearing: 19.03.2021 Date of Order: 19.07.2021
ORDER
NEKKHOMANG NEIHSIAL, MEMBER (A):-
This O.A. has been filed by the applicant through Sri U.K. Nair, Sr. Advocate assisted by Ms. N. Shyamal, O.A. No. 046/307/2016 3 learned counsel for the applicant, challenging the assessment, recommendation and appointment of respondent No. 6 i.e. Sri I. Panger Jamir as Principal Chief Conservator of Forest & Head of the Forest Force, Nagaland, Kohima. In this O.A., applicant is asking for the following reliefs:-
"8.1 To quash and set aside the impugned notification under No. FOR-69/85 (Vol-I)/597 dated 30.06.2016 by which the respondent No. 6 was promoted as Principal Chief Conservator cum Head of Forest Force, Nagaland with all consequential benefits;
8.2 To quash and set aside the minutes of the Screening Committee meeting held on 07.06.2016 with all consequential benefits;
8.3 To direct the respondents to hold a review selection committee meeting for considering promotion to the post of Principal Chief Conservator cum Head of Forest Force, Nagaland and grant all consequential benefits;
8.4 To direct the respondents to promote the applicant to the post of Principal Chief Conservator of Forest and Head of Forest Force, Nagaland w.e.f. 01.07.2016 with all consequential benefits;
8.5 Cost of the application;
8.6 To pass any such order/orders as Your Lordships may deem fit and proper."
2. He is also asking interim relief that the operation of the impugned notification dated 30.06.2016 be stayed and/or pass such further other order/orders as O.A. No. 046/307/2016 4 your Lordship may deem fit and proper. This, however was not granted by the court in its order dated 19.08.2016.
3. Brief facts narrated by the applicant are that - he is a direct recruit IFS officer belonging to 1984 batch of Indian Forest Service of Nagaland Cadre. In his entire service life, he discharged duties in various capacities and scored outstanding grading as well as received applause from his seniors in the department for his meritorious work. Presently, he is serving as the Chief Wildlife Warden, Government of Nagaland, Dimapur.
4. The respondent Nos. 2, 3, 4 & 5 filed their written statement on 03.02.2017 and rejoinder against the said written statement was filed by the applicant on 17.04.2017. Private respondent No. 6 was filed his written statement on 18.04.2017.
5. The case was initially taken up on 19.08.2016. After going through the process of submissions from all the parties involved, the case was finally heard on O.A. No. 046/307/2016 5 19.03.2021 and reserved for orders. However, judgment/order could not be delivered immediately due to pandemic Covid-19 restrictions and orders of State Govt., Assam for lock down.
6. The applicant is basically challenging the process of the selection of private respondent No. 6 as Principal Chief Conservator of Forest & Head of the Forest Force (PCCF & HoFF in short) who is batch mate of 1984 Indian Forest Service but junior to him on the following grounds:-
(i) The Chairman of the Selection Committee was Additional Chief Secretary instead of Chief Secretary of the State as per orders on the subject.
(ii) Applicant's APAR for the year 2010-11 graded initially as 07 has been subsequently graded to 8 which is 'outstanding'.
(iii) Applicant's APAR for the year 2015-16 was graded 9.5 and he had submitted to that to the office of the PCCF on 16.05.2016 which has not been considered by the Selection Committee.
Accordingly, the Selection process was not as per laid down procedure and was unfair to him thereby facilitating his junior promoted to the post of PCCF & HoFF.
7. The official respondents in their written statement pointed out that the Chairman of the Selection Committee has not been always the Chief Secretary of O.A. No. 046/307/2016 6 the State and they have cited previous instances wherein Selection Committee has been chaired by a functionary other than the Chief Secretary. They also enclosed a copy of the Minutes of the relevant Selection Committee indicating that there has been fairness and transparency in the provisions of the Selection Committee. The private respondent No. 6 in his counter affidavit dated 18.04.2017 has highlighted that the post of PCCF & HoFF is purely on selection by merit and not on selection cum seniority. He has been rightly selected by the Selection Committee highlighting his outstanding achievements in his service career as illustrious. He further contended that the contentions of the applicant are misconstrued and misapplied and hence liable to be ignored and rejected.
8. Apart from the oral submissions and hearing, we have carefully going through the documents and copies of the orders submitted by the parties. As regards to the Selection Committee being chaired by the Additional Chief Secretary, it has been recorded by the O.A. No. 046/307/2016 7 Chief Secretary in his Note dated 31.05.2016 that since there is one candidate who was related to him, there were two options - (A) Wherein only first two senior-most officers namely: the present applicant and his immediate junior, respondent No. 6 be considered by the Selection Committee and he (the Chief Secretary) could chair the Selection Meeting and (B) All the four eligible officers be considered by the Committee and same could be chaired by the Additional Chief Secretary as he happened to be related to one of the officers of 1986 batch. This Note dated 31.05.2016 was put up to the Minister (E, F & CC) and the Minister approved the option (B) wherein all the four eligible officers were to be considered by the Selection Committee. Accordingly, the meeting was ordered to be chaired by the Additional Chief Secretary & Dev. Com. vide his order dated 03.06.2016.
9. After having perused this Note, we are of the considered view that the formation of Selection Committee was fair and transparent and did not suffer O.A. No. 046/307/2016 8 from any infirmity, As regards to the APAR of the applicant for the year 2010-11, the Selection Committee has noted that his APAR has to be considered as 'adverse' though grading of 7 was given. We have perused the copy of the APAR. It is indeed observed from the various columns of the APAR that the applicant was given almost consistently grading of '7' in the pen picture of the officer at column No. 9, two negative remarks were recorded. Though APAR was upgraded to 8 subsequently without any modification & justification, the APAR may not earn the status of 'Outstanding'. We also have gone through the Minutes of the Selection Committee. The Selection Committee has noted that the private respondent No. 6 namely Sri I. Panger Jamir has been given consistently 'outstanding' grading and that out of 4 APARs, outstanding with justification three were in consecutive years. In the case of the applicant, they have noted that his APARs have been upgraded for some years by Reviewing and Accepting Authorities but without any justification. They also have noted that O.A. No. 046/307/2016 9 he has been given grading of '7' by the Reporting officers even for those years where upgradations have been done either by the Reviewing or Accepting authority.
10. From the Minutes of the Selection Committee, it has been brought out very clearly that private respondent No. 6 was indeed 'outstanding' not only with reference to the present applicant but with reference other eligible officers considered by them. As regards to the applicant's APAR for the year 2015-16, he has contended that he has been given grading of 9.5 and he claimed to have submitted in the office of PCCF on 16.05.2016. But the applicant has failed to indicate which authority has given his grading of 9.5 and what was finalised overall contents of the APAR.
11. After carefully considering the above submissions, arguments and records placed before us, we are of the considered view that the Selection Committee has done the Selection process as per the O.A. No. 046/307/2016 10 laid down procedure. In fact, as per the orders on the subject, parameter of the selection for PCCF & HoFF has to be on the basis of Outstanding, Merit, Competence, Absolute Integrity and having specific suitability for the post. Accordingly, we do not find any reason to interfere with the perception, assessment and recommendation of the Selection Committee and subsequent approval by the Govt. of Nagaland for appointment of respondent No. 6 to the post of PCCF & HoFF.
12. We found the OA devoid of merit is hereby dismissed.
13. No order as to costs.
(NEKKHOMANG NEIHSIAL) (MANJULA DAS)
MEMBER (A) MEMBER (J)
PB
O.A. No. 046/307/2016