Central Administrative Tribunal - Bangalore
Mn Narasimha Murthy vs M/O Personnel,Public Grievances And ... on 1 August, 2019
1
OA.543/2018/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH
ORIGINAL APPLICATION NO.170/00543/2019
DATED THIS THE 1ST DAY OF AUGUST, 2019
HON'BLE DR.K.B.SURESH, MEMBER (J)
HON'BLE SHRI C.V. SANKAR, MEMBER (A)
Shri M.N. Narasimha Murthy
S/o N. Narasiyappa,
Aged 46 years,
Working as Intelligence Officer,
Office of the Principal Additional Director General,
Directorate of Revenue Intelligence,
Zonal Unit, No. 8(2)P,
Opposite to BDA Complex,
H.B.R. Layout, Kalyananagar Post,
Bangalore - 560 043
Residing at No. 09, 'H' Block,
Central Excise & Customs
Staff Quarters, B.T.M. Layout,
Bangalore - 560 068. .....Applicant
2
OA.543/2018/CAT/BANGALORE
(Party in person)
Vs.
1. Union of India,
Represented by the Secretary,
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block, New Delhi-110 001.
2. Union of India,
Represented by the Secretary,
Ministry of Finance,
Department of Revenue,
Central Board of Excise & Customs,
North Block, New Delhi - 110 001
3.The Chairman,
Central Board of Indirect Taxes & Customs,
North Block, New Delhi - 110 001
4. The Director General,
Directorate of General of Performance Management,
Customs, Central Goods and Service Tax,
5th Floor, 'D' Block, I.P. Bhavan, I.P. Estate,
New Delhi - 110 002.
3
OA.543/2018/CAT/BANGALORE
5. The Principal Director General,
Directorate of Revenue Intelligence, Hqrs.,
7th Floor, 'D' Block, I.P. Bhavan,
I.P. Estate, New Delhi - 110 002
6. The Principal Additional Director General,
Directorate of Revenue Intelligence,
Zonal Unit, No. 8(2)P,
Opposite to BDA Complex,
H.B.R. Layout,
Kalyananagar Post,
Bengaluru - 560 043.
7.Shri J.P. Raju, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate of Revenue Intelligence,
Delhi Zonal Unit, B-3 & 4, 6th Floor,
Pt. Deendayal Anthyodaya Bhavan,
CGO Complex, Lodhi Road,
New Delhi - 110 003.
8.Shri Mahesh Chand, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate of Revenue Intelligence,
Delhi Zonal Unit, B-3 & 4, 6th Floor,
Pt. Deendayal Anthyodaya Bhavan,
4
OA.543/2018/CAT/BANGALORE
CGO Complex, Lodhi Road,
New Delhi - 110 003.
9.Smt Suma Appukuttan, Intelligence Officer,
Directorate of Revenue Intelligence,
Mumbai Zonal Unit, 3rd, 4th &, 5th Floor,
13, Sir Vithaldas Thackersey Marg,
Opp. Patkar Hall, New Marine Lines,
Mumbai-400 020.
10.Shri Rajeev K. Sadana, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate of Revenue Intelligence,
Delhi Zonal Unit, B-3 & 4, 6th Floor,
Pt. Deendayal Anthyodaya Bhavan,
CGO Complex, Lodhi Road,
New Delhi - 110 003.
11.Shri Ajay Bhasin, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate General of Vigilance,
Zonal Unit, Customs and Central Excise,
7-R, Dalibagh, Lucknow-226 001.
12.Shri Rohit Issar, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate General of Goods and Service Tax Intelligence,
5
OA.543/2018/CAT/BANGALORE
West Block VIII, Wing No.VI, 2nd Floor, R.K. Puram,
New Delhi-110 066.
13.Shri Vinod Kumar, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate General of Analytics and Risk Management,
UG Floor, EIL Annexe Building, Bhikaji Cama Place,
New Delhi-110 066.
14.Shri Kuldeep Singh Nijhar, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate General of Goods and Service Tax Intelligence,
West Block VIII, Wing No.VI, 2nd Floor, R.K. Puram,
New Delhi-110 066.
15.Shri Vinay Verma, Intelligence Officer,
Now Superintendent (Central Excise),
Directorate of General of Performance
Management, Customs, Central Goods and Service Tax,
5th Floor, 'D' Block, I.P. Bhavan,
I.P. Estate, New Delhi - 110 002.
16.Shri Rajesh M. Nair, Intelligence Officer,
(Voluntarily Retired)
Directorate of Revenue Intelligence,
Mumbai Zonal Unit, 3rd, 4th &, 5th Floor,
13, Sir Vithaldas Thackersey Marg,
6
OA.543/2018/CAT/BANGALORE
Opp. Patkar Hall, Ned Marine Lines,
Mumbai-400 020. ....Respondents
(By Shri M.V.N.Rao, Senior Counsel for R 1-6)
O R D E R (ORAL)
(HON'BLE DR. K.B. SURESH, MEMBER (J) Heard. We had asked the concerned department to send one officer with the file. They have sent the 14th respondent with the file. Since there is conflict of interest in this case, we are not hearing him. He is sent back.
2. Shri M.V. Rao, learned counsel for the respondents at this point submits that one officer from Bangalore Shri Sachin is present. So we propose to hear him.
3. Shri M.V. Rao, learned counsel submits that he made a mistake in filing the memo of appearance. He has filed the memo for R 1-6 and he is not representing the private respondents. Other respondents are served, but they are not present in the Court. The 14th respondent is personally present in the Court. We asked him whether there was any backlog vacancy. He is unable to reply to this question.
4. Apparently, after hearing both sides, we find there were three backlog vacancies available and the applicant being the first among them, he is eligible for this backlog vacancy. Since his promotion had been dated back from 2010, 7 OA.543/2018/CAT/BANGALORE it has now to go back to 2009, from where his promotion will now be considered. Everything else will be accordingly re-arranged, including two other backlog vacancies also. We will give 2 months' time to the respondents to do this.
5. OA allowed to this limited extent. No order as to costs.
(C.V. SANKAR) (DR.K.B.SURESH)
MEMBER (A) MEMBER (J)
VMR
Annexures referred to by the Applicant in OA No. 170/543/2019 Annexure A1: Copies of O.A. No. 434/2010 and order dated 09.08.2011 passed in the OA.
Annexure A2: Copy of order No. 71/2011 dated 16.12.2011 and Recruitment Rules for the Post of Intelligence Officer dated 11.08.1990. Annexure A3: Copy of orders dated 02.06.2014 and 16.03.2015 passed by Hon'ble High Court of Karnataka and Hon'ble Supreme Court. Annexure A4: Copy ofCP.21/2018 and order dated 14.09..2018. 8
OA.543/2018/CAT/BANGALORE Annexure A5: Copy of Memorandum dated 29.7.2009. Annexure A6: Copy of Office Order dated 29.7.2009. Annexure A7: Copy of reply statement and written arguments filed by the respondents in CP.21/2018.
Annexure A8: Copies of Office Memorandum dated 07.03.1978. and 20.06.2012.
Annexure A9: Copy of Office Memorandum dated 02.07.1997 issued by DOP&T. Annexure A10: Copy of DoP&T OM dated 10.08.2010. Annexure A11: Copy of draft Recruitment Rules proposed to notify for the post of Intelligence Officer.
Annexure A12: Copies of Office Memorandum dated 08.02.2002 and 06.01.2006.
Annexure A13: Copies of reply statement filed in OA.434/2010, interim order dated 31.03.2010 and the minutes of the meeting of DPC, filed by the respondents in OA.298/2009.
Annexure A14: Copy of Office Memorandum dated 13.08.1997. Annexure A15: Copy of Office Memorandum dated 21.01.2002. Annexure A16: Copy of Office Memorandum dated 09.12.2016. Annexure A17: Copy of Office Memorandum dated 29.08.1984. Annexure A18: Copy of representation dated 04.05.2016. Annexure A19: Copy of Office Order dated 12.02.2018. Annexure A20: Copy of Office Order dated 04.01.2019. Annexure A21: Copy of letter dated 14.05.2018 along with Seniority List in the grade of Inspector issued by the DGPM, New Delhi. Annexure A22: Copies of representation dated 23.01.2019 and OM dated 20.04.2004 issued by DoPT.
Annexure A23: Copy of CPGRAMS dated 26.03.2019. Annexures referred in reply statement 9 OA.543/2018/CAT/BANGALORE Annexure R1 Copy of letter F.No.1040/24/209 dated 29.05.2019.
*****