Central Administrative Tribunal - Delhi
Ratnesh Kumar Mishra vs Union Of India on 13 December, 2019
1 OA No. 970/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No. 970/2019
New Delhi this the 13th December, 2019
HON'BLE MRS. JUSTICE VIJAY LAKSHMI MEMBER (J)
HON'BLE MR. PRADEEP KUMAR MEMBER (A)
Ratnesh Kumar Mishra, Inspector, Group B
Age about 35 Years,
S/o Shri Gulab Dhar Mishra
R/o L-2/76-B, DDA Flats, Kalka Ji, New Delhi-110019
Working as Inspector
O/o the Commissioner of Customs,
ICD PPG & Others, Delhi-96
.........Applicant
(By Advocate: Sh. M. K. Bhardwaj)
Versus
1. Union of India,
Through its Secretary
Ministry of Finance, Department of Revenue
North Block, New Delhi
2. The Chairman
CBIC, North Block
New Delhi
3. The Chief Commissioner of Central GST,
Cadre Control Authority, Delhi Zone,
C.R. Building, I.P. Estate, New Delhi-110002
........Respondents
(By Advocate: Sh. Rajeev Kumar)
2 OA No. 970/2019
ORDER (ORAL)
BY HON'BLE MR. PRADEEP KUMAR MEMBER (A)
1. The applicant herein was directly recruited as an Inspector in Central Excise and he joined on 16.12.2009. The batch mates of the applicant had joined on an earlier date.
2. The respondents considered the promotion of this batch to the post of Superintendent and the DPC was held on 30.03.2016. In that DPC, all those candidates who had completed the minimum requisite service of eight years, were considered. The applicant herein did not have requisite service hence his name was not considered.
3. This issue ended up for adjudication before the Hon'ble High Court wherein directions were issued that a relaxation upto two years, in such cases, is to be granted. Accordingly, DoP&T had also issued relevant OM. Once this OM was issued, a review DPC for the left out candidate was also conducted on 09.08.2018 wherein the case of applicant was also considered. However by this time, another fact came to light that applicant was put under suspension on 13.10.2017 and 3 OA No. 970/2019 accordingly his name was kept in a sealed cover in this DPC.
4. The applicant pleads that his batch mates for whom, DPC is initially held on 13.03.2016, were granted promotion w.e.f. 01.04.2016. Further the said suspension has since been revoked on 02.11.2018 and no departmental chargesheet or criminal proceedings or vigilance case is pending at the moment. Accordingly, the respondents are required to open the sealed cover and act according to the DPC recommendation contained therein.
5. There is no dispute by the respondents to the facts as enumerated above.
6. Matter has been heard. In view of the forgoing, the OA is disposed off with directions to the respondents to open the sealed cover and give effect to the recommendations contained therein. In case the DPC has found the applicant as fit for promotion, he shall be granted notional pay fixation w.e.f. 01.04.2016 along with his batch mates. This exercise be 4 OA No. 970/2019 completed within a period of eight weeks from the date of receipt of the certified copy of this order.
7. No costs.
(PRADEEP KUMAR) (JUSTICE VIJAY LAKSHMI) MEMBER (A) MEMBER (J) /pinky/