Central Administrative Tribunal - Delhi
Risal Singh Khara vs Union Of India Through on 17 September, 2008
Central Administrative Tribunal Principal Bench OA No. 1883/2008 New Delhi, this the 17th day of September, 2008 Honble Mr. Justice V. K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) Risal Singh Khara, S/o Shri Sikandar Singh, R/o A-6/9, Vasant Vihar, New elhi 110 057. ...Applicant (By Advocate: Shri M.K. Bhardwaj) Versus Union of India through: 1. The Secretary, Ministry of Personnel, PGA & Pensions, Department of DOP&T, Govt. of India, New Delhi. 2. The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi. 3. The Chief Secretary, Govt. of Haryana, Chandigarh. Respondents (By Advocate: Shri J.B. Mudgil for R-2 & Shri Yash Pal for R-3) O R D E R Justice V. K. Bali, Chairman:
Rishal Singh Khara, Haryana Civil Services (HCS, or short) Officer of 1975 batch, the applicant herein, through present Original Application filed by him under Section 19 of the Administrative Tribunals Act, 1985, seeks direction to be issued to the Secretary, Union Public Service Commission, second respondent herein, to hold review selection committee meeting for the years 1999, 2000 and 2001 for inclusion of his name in appropriate select list for consideration of his promotion to IAS cadre.
2. Brief facts, as set out in the Application for the relief aforesaid, reveal that the applicant, who is an HCS officer of 1975 batch, is presently posted as General Manager, Haryana Roadways, Delhi. It is his case that after completion of eight years of service as HCS, he became eligible for promotion from HCS to IAS cadre in terms of statutory recruitment rules notified under Article 309 of the Constitution of India. Accordingly, he was considered for the same in the years 1998, 1999, 2000 and 2001 by the Selection Committee. However, the Selection Committee did not include the name of the applicant in any of the select lists without assigning any reason whereas persons junior to him were promoted in the years 1999 and 2000. Thus aggrieved, the applicant approached the respondents to know the reasons for non-inclusion of his name in the select lists, as mentioned above. On repeated efforts, he came to know that his name was not included in the select list as in his ACRs for the year 1998-99, accepting authority downgraded his report from Very Good to Good. In the ACRs for the year 1999-2000, in which the applicant was assessed as Outstanding by reporting and reviewing authorities, the accepting authority assessed him Good instead of Outstanding without assigning any reason. The applicant challenged downgrading of his ACRs aforesaid before the competent authority by way of representations dated 07.11.2005 and 27.12.2006. After considering the aforesaid representations, the Chief Secretary, Haryana Government, the third respondent herein, decided to expunge the downgrading done by the accepting authority in the ACRs for the years 1998-99 and 1999-2000, and, it is the case of the applicant, while expunging the aforesaid remarks, in the letter dated 25.06.2007 it was stated that The State Government has decided to expunge the downgrading done by the accepting authority in the ACRs for the years 1998-99 and 1999-2000. Necessary action in the matter is being taken accordingly. Despite making specific order for taking appropriate action consequent upon change in the ACRs, nothing was done by the respondents. It is the case of the applicant that once the adverse remarks were expunged, his claim for inclusion of his name in the appropriate select list was required to be considered for promotion by holding review selection committee meeting in terms of DOP&T OM dated 01.10.1981 and 30.04.1998, and also as per settled law on the issue. When no consequential orders were passed, the applicant made representation dated 03.04.2008, and after great persuasion, the Chief Secretary, third respondent herein, had written a letter to first and second respondents dated 24.07.2008 for holding review selection committee meeting to consider the case of the applicant for inclusion of his name in the select list for the years 1999, 2000 and 2001. Requisite documents were also sent by the third respondent, as would be made out from Annexure A-1. When, despite receiving all the documents with the request letter of the third respondent for holding review selection committee, no action for holding the review selection committee meeting was taken, present Original Application for the relief indicated above has been filed.
3. Pursuant to notice issued by this Tribunal, respondents have entered appearance. During the course of arguments, learned counsel defending the respondents has handed over an order dated 20.08.2008 passed by Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training and addressed to the Secretary, Union Public Service Commission, the second respondent herein, relevant part of which reads as follows:-
Subject: Proposal of Govt. of Haryana to Union Public Service Commission to hold Review Selection Committee meeting to consider the case of Sh. R.S. Khara in the Select List of SCS officers prepared during 1999, 2000 and 2001 for promotion to IAS Reg.
Sir, I am directed to refer to the subject cited above and to say that the Government of Haryana has endorsed a copy of their letter No.66/3/2001-6S(I) dated the 24th July, 2008 (addressed to the Commission) to this Department. It has been observed from the letter that Sh. R.S. Khara, an SCS officer of Haryana, was included in the zone of consideration for inclusion in the Select Lists of 1999, 2000 and 2001. However, on an overall relative assessment his name was not recommended by the Selection Committee for inclusion in any of the aforesaid Select Lists.
Now, the State Govt. has informed that there is perceptible improvement in the grading of Sh. R.S. Khara for the years 1`998-99 and 1999-2000 and with this development the overall relative assessment of Sh. Khara may also improve so as to fetch him a place in the Select List for promotion to IAS. In the light of reasons and grounds explained in the said letter the State Government has requested for convening a meeting of the Review Selection Committee to reconsider the case of Sh. Khara for inclusion of his name in any of the said Select Lists.
In this connection it is submitted that selection of SCS officers for promotion to the IAS is governed by IAS (Appointment by Promotion) Regulations, 1955 and in these Regulations there is no provision for holding of Review Selection Committee Meeting to review those Select Lists that have been duly approved by the Union Public Service Commission and acted upon,. Review SCMs are convened only on the specific directions from a Court of Law. In the circumstances, it is requested that the action proposed to be taken by the Commission on the proposal of the State Govt. may kindly be intimated to this Department immediately.
4. It is commonly stated by learned counsel for the parties that only if this Tribunal passes an order, a review DPC for inclusion of the name of the applicant in the select list for the years 1999, 2000 and 2001, shall be held. Counsel appearing for the applicant only contends that the applicant would be retiring next year and, thus, a time bound direction may be passed so as not to defeat the rightful claim of the applicant by lapse of time.
5. In totality of facts and circumstances of the case, we order that Union Public Service Commission, second respondent herein, would convene a review DPC for consideration of inclusion of the name of the applicant in IAS select list for the years 1999, 2000 and 2001 as expeditiously as possible and not later than three months from today. A copy of this order be given Dasti to the counsel for the parties. There shall be no order as to costs.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/