Central Administrative Tribunal - Gauhati
M/O Environment And Forests vs Dr Abhijit Rabha on 12 June, 2019
By Advocates:
ENTRAL ADMINISTRATIVE TRIBUNAL .
. . GUWAHATL BENCH Original Aoptcton No.o#0/00898/201 ts E Be Misc, Application Nos. 040/227 & 227 Of 2018. & 33/2019 with Original Application No. 04/0027 /201 19 THE HON:BLE MRS. MANJULA DAS; JUDICIAL MEMBER ~o Dr. Abhijit Rabha e 7 Principal Chief Conservator ot Forest Karbi Anglong, Diphu | :
Resident of Rajgarh Road: Bye Lane 2 HOUSe'NG.2T: Guwahati. 781 003 ASSAM.
"Versus: | The Union of tricia:
Répresénted by 'the. 'Under Secretary: fo the Goverment .
of India, 7 Ministry. OF.
Environment, Forests | "And Bhawan, CGO Complex, Lodi.
Road, New DelALT 19 003.
The: Jol ay Cadre Authority of "ASSAM Meghalaya. - Jéint Cadre of. the Indian Forest Service, repr esented by the Chief Secretary "to. the S/Sti D. K Das, H, Betdla &} Inchem _Apolicant i in both ine OAL THE HON' BLE MR. NekKHOMANG NEIHSIAL, ADMINISTRATIVE MEMBER- i i OA.338/18 with MAS.217, 227/18 & 33/19 with OA.27/2019 f Assam cfhe Chief tary jo the ASSCHN, Forests Disour, Government "Environment - ;
Sao ait 7 6 ci ootner 4 Fhe for JON FO - "posi of Princiodl Chiet erator of "Forest. THe Respondents in OA.336/2018 | a Indio, Under * india . f Environmes I 5 and Climaie Change yaveran Page 2 of 31- OA 398/16 with MAS.21 1?, 227/18 & 33/19 Bhawan, CGO Complex, Lodi Road, New Delhi ~1 10008.
The Jol nt Cadre Authotily of ASsam- -Meghalaya, ~ Joint -
Cadre of the india Forest.
Service, Represented by: the, ° 'CHef ~ Secretary to. the -
Government of Assam, Disour -
Guwahall - ~78i 006. -_ The. State. of Assam. -
represented by the Chief.
Secretary to the Government cof Assarn, Dispur, Guwehal -
73) 006.
The: 'Adal onal Chief secretary Te) the Government of Assam, Dispur. Guwahati - 731 OE. .
Sti Alok Kurrior, IAS, the: Chiet Secretary to the Government of Assam, Dispur, Guwahati aa FB1006.
Si Raivi _ Kapoor, IAS, . the Additional Chief Secretary to.
the, Government of Assam, Environment. & "Fores! .
Department, Dispur, .
'Guwahati ~ FBYO08 The Secreiary. to & the Government of Assam. ;
Department of enviroanjent. & Forest: Disbur, Guwahati "
781006 The sepuly Secretary to the.
Government -- of Assam, with OA, 271201 9 Page 3.of 31 OA.338/18 with MAS.217, 227/18 & 33/19 with OA.27/2019- Department Forests, "Dise
2 Anglong.
| Council, Respondents i in OA. 27/2019 zorika, Addi. C.GS.C. for Respondent 'both the OAs.
zumdar, Addl, A.G: with MrKankan -
Sr. . Govt. Advocate, Assam. & shoudhury, J Gov. Advocate for ent nos to 6 In OA338/18 and-for 3,4,7.& Bin OA27/2019: arid for. private respondent no? in ep gybe Date of order: 12 Ole Ze 4 b Hi é OAs are Med. 'by ihe same apo cant aginst the am spondents and that they are: heard. Page 4.of 3).
OA.338/1 18 with MAS.Z17, 227/18 & 33/19 - with OA. 27/2019 together, both the OAs are being disposed of by this. common order,
2. 'Being aggrieved. swith. his non selection by the "Special Sel ection Committee meet ng held on 26. 09.2018 for promotion to the past of Principal Chief Conservator of Forests, Head of Forest Force (HOFF in short), Assam, the applicant has "filed. OA.338/2018 under Section 19 of the. "Admini strative | Tribunals Act, 1985 seeking following relief{s}:-
Jn inthe - aféresaid premises, if 1s, therefore, prayed that Your Lerdshins' would be pleased fo admit this application, call for the entire records of - the case, ask the. respondents to; show cause as to why direction shall not be issued fo the respondents 'guthorities fo. forthwith stay/recail/forbear from giving effect to the minutes of the Special Selection . Committee Meeting held on 26,9.2018 and any consequential order of fuking over charge. by the private respondent" No.7 that has. been issued pursuant fo the Selection of | Principal Chief Conservator of Assam, Head of Forest Force, (heré-ih fter referred to as HOFF) and on being satisfied this . Hon' ble Tribunal may be pleased to sel aside and quash the impugned Special Selectian Committee meeting. held on 269.2018 for Selection and |.» promotion of an officer io the post of Principal Chief Conservator of Assam, Head of Forest. Force, (here-in after referred to as HOFF] as the private respondent No.7 is junior to the applicant and/or to conduct a fresh meeling cansidering the case of the applicarit as the senior Most eligible officer in the cadre/rank -- and/or be pleased: fo pass such order/orders or 'Page 5 of 31 OA.338/18 with MAs.217, 227/18 & 33/19 with OA.27/2019 o "Your Lordships' may deern fit and . OA 338/20 18 a ss 5 in short} oicer belonging io Assam : aia ine year 1997, applicant was.
- Conservator of Forests. On 04.08.2009, posted CHS Conservator of rorests in iohu. Accardingly, ne joined aind fook 'said pos} on 18. 02, 2009, The said pos | "which was created seecicaly for the us Council HIKAAG | art} ov vide. orcier 8 "cristae 998: e Government of Assan pursuant to the | necessary sdncfide for creation of the same by Ihe Governor of Assam. The said -ortinues fo be retained for KAAC fil' date.
Page's of 31 OA: x38) 18 with MAS. 217, 227118 & 33/19 with OA27 [2019 applicant glong with 10 others were placed in the HAG scale _of pay of ks. 67, 000/- increment ¢ @ > 3% of basic}. Currently, the. applicant is rendering his servi ices. Cs. PCCE and posted at ine Forest Circle of KAAC after being uly promoted. He rendered a about 4 years of serv] ice 10 the respondent f deporlment 5, | On erin about: 'oniicipated vacancy of PCCF & | HOFF inthe apex scale level 7 of Pay Matrix). the apolicant 7 did make representatl ion in ihe moni of March, 2018 before | ihe respondent no. 5 with a reques to. promeie dirid for allow! Ing him to offigiate agains} the aric pated. vacancy ts het is the senior most. officer i in ihe cadre. However, there was _ nop positi ve 'Tesponse on the part of the respondents. Appi icant did make opp ication under Rit Act. 2005 on 03.05, 2018 .
request ng: fo provide some | int formation, The authority replied 'on 29,05. 2018 and the appli icant | thereatier come: to know thot the: special - Selection Committee meeting was neld on
23. 04.2018. and though: his. name was considered but. not recommended due iO deparimenial proceeding against rim winion was shown fo. be pendi ing at the level of enquiry by. the . appointed inquiry officer. He further came tO know that officer Page 7 of 3 (OA, 2398) & with MAS. OY, 2U7/1 18 & 33/19 with OA 27 (2019 | junior to him: was: promo ted: as pOcr & HOFF. in the meantime, ine applicant had challenged ine departmental proceeding before this' THbunal v vide 04.46/20) 7 which - is pending adjudication.
6 Thereafter further meeting of the Special Selection "Committee was held on 26.09.2018 for selection of PCCE & HOFF, Assam ond the Committee once again a the
-seriosiy, | eligibity 'and uly -ecewed promotion of : appl font: | in the minutes of he 'Said committee held on 2%. OF. 2018 the oppi icant figuied at sl. No. J, however, on the plea of pending departmental procesding 'ond atieging cu unauthenticated ACRs he wo 3 "not recommended instead recommended one. of his "jonior, Le, Sri S.kSrivestava, FS . | (0 vate. respondent nd. 37 in OA. 3368/2018 fo promotion to the post of PCCE & HOFF. He se, the applicant has filed OA.338/201 8 seeking intervent on of this Triounal,. _ Foo The respondent nos. 3 to 6 in their written stalement :
"stated in, para. 2 that the post of PCC & HOFF is fl led-up by | selection from amongst the officer holding the post of PCCF ine... | the state cadre in the level 16 of the Pay Matrix as per provision Page 8of3T © OA.338/18 with MAS.217, 227/18 & 33/19 | with OA.27/2019 oid down in the. Oo} | glow Rule 3{2) of Indian Foresi Service _ : He respondent no.7.- KN Srivastava ais in the level 16 of the Pay Matnx 'considered by jhe special Selection ovision of IFS Pay Rules, 2016. The of UTs the guidelines for selaction to scale in each State, According to the y of the post of PCCE & HOFF falling 8 due fo superannvation of Shri. FF on 30.09.2018, the Government of - dated 14.09.2018 fixed the date. for - meeting of th lection Committee on 26.09.2018 at 4.00 PM. AC ordin >. the said respondents, the Special Selection Commit its-rneeting considered the officers in the zone of ¢ risic a an cind based on careful consideration:
of the parameters cf selection as provided in the guidelines Viz "Outstanding mer, pelence absolute integrity.and having specific. for. recoramended the name of. Si §.K Srivastava: » respondent no.7 for promotion tothe a. Page 963) OA 4.396/18 with MAs, 217, 227 118 & 33/19 with OA.27 (2019 pos of POCE & HoFE, Assam i in. the QOEX scale off poy level i7in the pay matnx w.ef..01. 10. 20) a
8. The sot: rerpondetis he stated in theit written statement that a "departmental proceeding was drawn up
- geist the applicant and ar ticle of C narges were served upon ine epplicant ang on finch ng. the: replies received from the.
applicant on ihe. charges as s accept the Government appoint ted. an enquiry - officer § for © expeditious disposal OF ihe env iry vidle letter dated 0°, 02. 201 8 and 05.03. 2018.
8. The said ond further stated that the deparimen! had caused on engi ry on the ACRS submitted by the aopiicont, AS per report the ACRs were 3 ful of | discrepancies - . and serious anomalies, Accordingly the Forest Department"
issued a ietter dated 03.42, 2018 fo. the applicant for submission of his clatfication/comment about the discrepancies if the | 10: 7 Siem sxstvstovd 7 -PCCF & HOFF (private respondent no.7} by now retired also filed wri ifen statement on :
sirnilar ines tO: The: wiitten sfoterhent ted by raspondent nos.3 | Page 10 of 31 to 4. if was sta ed nolification OA, 338/1 8 with MAS:217, 227) 8 & 33/19 _ with OA, 2712019 he Special Selection Commities. in its 8 observed in respect of the appl icant eeding is pending against him taking sal from Central Vigilance Commission vigilance Cel} Department regarding to the respondent .no.7, the.
the Committees = eros: In pursuance of fhe.
018 for appoiniment to The. said post - ed the said post on 01.10.2018.
Hank of argumenis advanced. by ye Page 1} Of 3}
-OA:338/18. with MAS,217, 227/18 & 33/19 ok ; with OA.27/2019 ach iOry oF the fespondent nos. B. & 6i Le., the Princi ipa Secretary 9 the - Goverment of Assan, 'Environment: and Forests Department and the Chairman, and Members of the special --_ Selection Committee for selection to the post of PCCF &. HOFF 'the applicant is: deprived of. being appointed to the said post, Learned counsel fuither submit ed that ihe - special select jon Committee in its minutes dated 26.09.2018 recorded that the ACRS wae found to be oe et serene or fo serious a 'whinitied « only on 09.) 1.2018, therefore, the appl icant > WES depived for promotion to ihe post Of PCCr & HOFF by: makin ng. ag. false observa Or in: para Ww oF 'the minvies: that the ACRs were. Fun of di iscrepancies and not euthenti ic. But facts remain :
that only Ries select ine. otivate respondent SHS K. Siivastaya The | a unwarranted observat on was made against ihe 'appli icant 50. as. fo- depriv ive him for nis legi timate eldirn, Simioriy, 'the: earlier
- speci al Selection Committe | ini is meet ing held ¢ or 23. 04. 2018 ; observed thet ACRS were not received by the Department, however, when ihe next Special Sel lect ion Commit tee meeting was hel id on. 96. 09, 2018, 'the ACRE: were provided but J observed: :
a : that ACRS were 5 not authentic. Further, respondents have failed _ Page 12 of 3P.
OA.338/18 with MAS.217, 227/18 & 33/19 ith OA.27/2019 flon péiween respondent no.4 and jo show any comm the 'Principal § etd KAAC regarding the ACR's of the. applicant for i eye for the years 2011-2017 which proves as that it was : intention of the Specia Selection Commitee me mibe 6 defer the committee til corrected -- . ACRS are prod eee "ectified ACRs, whicn shows that ACRS . ending by the respondent gutharity io | "s legitimate right of being promoted Mr. Das further supmitted that a letter "issued fo the applicant by which: rom him regarding enquiry held.on his submitted thal the Special Selection A bother jo make'a mention of ihe fact 'meeting held on 26.09. 2018 that ihe ing is a subject matter of proceeding OMA 6/2017 and mere cllegation does thereof, surt in Union of 'india "t Ors. VS Page 13-0f 3) OA. 338/18 with MAS.21 17, 2097/1 a & 33/19 will 1 OA.27 12019 KeVtankiraman & Ors, AIR 1991 sc 2010 and the 'applicant could have been given. ihe | in charge of the said post as per DoPT notification dated 07, 06. 2001 issued to al the Chief Secretariés/Acministrators of us. Ss fAnnexure-E of the OA). ; oe According: fo: the. ledimned. counsel, the observations were. made. in respect of the appicant al 1 the minuies of the Special 7
- ~ Select ion Commi Hee meéting hele on 26.09. 2018 in order to
- "fawour the private respondent no.7 Sd 5.K.Srivostava. Learned . counsel, however, submitied that 'during the pendency of this OA the respondent nO? by now retired on 30. 12 2018, 'thus, 'applicant has no 0 grievance cacins! ther respondent ne, 7 nlow, | 13, Ne Das srenuousl orgued that the getion inflated
--_ ; by the respondent No.5. & é being arbitrary ond whi mica! and: . has been cone on some extraneous consid ation under their 'colourable: exercise: of power 'ond fi motive to deprive the present appt icant for bei ing promoted to the pos of POCF & | Hoff, Assam in. apex scale.
O fA in support of the contentions, learned coursel-for -
- : the. applicant relied on the followirig decisions: | Page 14 of 31 OA.338/18 with MAS.217, 227/78 & 33/19 with OA,27 (2019 ar Srivastava vs State of MP. Ots, 2006 alal Dev & Ors, 1988 2 SCC 242 | dhya Pradesh vs srikantdeChaphekar, os | @ & Ors vs Songram Keshan Nayak, 2007 & Ors vs KK Jankiraman & Ors. 1991 4 5 | learned Additional Advocate.
General és isted by MrKankan Das, learned. Sr. _ Government: Assam and Mr.A.K:Choudhury, learned Jn Goverament Advocaie, Assam appeating for ine 3 to ésubmitied that entire records of - who were in the zone of consideration:
State respondent services of the of wete placed efor. 16 Special Selection Committee meeting held on 26. O 2018, AS egards the bank deposits in number of | charges wer served.
shim. According to learned couinstl tt | selec sfion to he 'highest posi of PCCF & HOFF, thé related. Page 15 of 3} 0A,338/18 with MAS.217, 997/18 & 33/19 ae with OA. 27/2019 nlecedents of the: 'candidates. are also required, 10 be , considered.
oe 16. Twas further contended shat from ihe. records of ihe _ ARS of officers under cons! ideratio on as 3s subi itted in the form of Annexure-B, it opps ecclved the.
Aces: from the: appl icant wie « are full of discrepance 18s and serious anomalies and in the absence > of auihenti icoted ACRS it became impossib le "for: the commitiee iO gauze any of the:
i | parameters dis told down | in ihe gut ide ines. According #0 he | 7 learned Addl AG. 'to ach eve the highest post of PCCT bs | | HOFF, the officer shoul cr mal intain: ihe gua lity of the righest post, . ossuming the. oppiicant possess "outstanding merit and competence ut absolute integtty and suifabi lity has fo be oY seen while selecting for the: hig ghest post. if someone 1s os 2 gishonest he: coul Jd not be assessed c os. havi ng tf a integrity. The: : "Special | Selection Committee whi le sel elect ng. from. amongst the "PCCES in, ihe zone of consideration have 16 see ail parameters and the opi icant was: not found to be suitable for. pein ng. , fb | promoted io PCCE B HoFF by the spec 'al Selection Committee ; :
- meeting held: on 26. 09. 2018, as s such, there is not 2 ifeity in the me page 16.0f ST ; "OA. 338/18 with MAS.217, 227/18 & 33/19 with OA.27/2019 "4G. furiher submitted that ratio laid aman (supra) is nof applicable in the A was mace to ihe highest and sole learned counsel appearing for the suomitied that the Ministry. of Government of india had forwarded - the: guidelines S selection to the post of PCCF & HofF to all | "the Chief secretaries Kaministrators of UTs with the request to follow the sai ein letter and spirit, Said guidelines contain » parameters of selec e., "Qutstanding merit, competence, 'dbosolute integrity and having specific suitability for the post'. According: to ned counsel, the opplicont is under 'cloud, theref 8. ¢' v4 be considered for promotion 1O- ihe oS = post of PCCF pex Seale, Learned counsel contended . that ihe Sp cla ction. Committee "meeting held on © 26.09:2018 ct Page I7-of 31 OA A 36/18 with MAS.2] 7, 227 [18 & 33/19 with OA. 27/2019 (y departmental proceeding. is "pending: against the' applicant;
fi} . related antecedents "required for considering a candidate to ihe sci post, and:
(i). - ACRs of the applicant received by the Department "for the years 201}-2012 to 2016-2017 aré found to be full of discrepancies and serious anomalies.
7 was 'submitted by the joarned. counsel that "departmental proceeding wes: nifioted. ag inst the "applicant vide memorandum dated | 17.05. 2017 which i is StH pending where enauity repor was subrritted on 1712. 10.2018, and in view of. the :
: . 'above, the "appl icant, has no o legal night for: promotion. to the |
- post of PECF & HOFF.
- 19. | ain was "further sum ritied that members of the Special | . Se lection Commi Hee meetir ing hel d on 26.09. 2018! have applied thelr m ind. it was: contended that though the applicant argued that the respondents could have adopted | the. seal. cover - | proceae in case of the. > oppicont in fact, "seal cover procedure | is not. universal | in FS since PCCF &. HOFF iS highest and single. post arid asine responcen! no.7 a though figured: at OA 3536/1 & with MAS.217, 27/1 8 & 33/19 with OA.27/2019 §h.no.2 in accor an th senionty bul he was found suitable, Special miflee recommended the~ private Selection apex scale ai w.e.f 01.10.20 on perusal of:
decisions relie, based his argu fal & icant was nof récornmended. for Page 19-0f 3} OA 33811 8 with MAS.217, 227/18 & 33/19 _ with OA, 27/2019 promotion fo the post of PCCF & HOFF, Assam in - apex scale, fc} The Special Selection Committee observed that the ACRs of the applicant are full of discrepancies and senous anomalies vii showas one of the reasons for not recommending ihe applicant for promotion to the past of POGE é HOFF, if That is so, before taking up the matter: in the: reeti ing held on 26.09.2018. communications s ought fo have. been made io the opplicant and tne Principal Secretary to the KAAC | a 7 by the concemed -authorily which utimately prove : | that it wars never > ihe intention of the Special Se 'lection Committee | members to. defer me meetin ng tit correc led ACRS ore produced andor to recti fy | ine ACRS. This shows that the ACRS were kept pending 40 deprive. of his legitimate right for promotion: to the. pos of PCOCE & HOFF. {a} The Special Selection Committee did not even bother to make a mention of fhe fact in the minutes of the meeting held on 26.09.2018 ihat the departmental proceeding is a subject matter of Page 20 of 3} O4.338/18 with MAS.217, 227/18 & 33/19 : with OA.27/2019 ore this Tlounal vide OA.46/2017 and tion does not aroun! to its proof. F procedure was adopted by the riecedents cannot play a role.
ding. despite this Téounal passed an 9.70.2018 In OA.040/00348/2018 To deparimental proceedings against | counsel for cil under cloud,' to the Iearne< applicant "is and unauihentic ACRs were placed') °--
ion' Conmmitiee and more so, for ihe sole post of POCE "9 gua hon. Ls OA. 2 988/ 19 with MAS.217,. 227/18 & 33/19 with OA.27 (2019 ~ jheretore, submitted that ihe Special Selection Commitfes has "rightly assessed, examined and recommended Sr S K Srivastava, iPS for promotion to ihe post 0 of PCCF & HOFF instead
-of the applicant.
23. 7 "Fer ariving ata. Jogicat conclusion: we have to | "explore the rinvies of the specie Selection Committee meeting held on 26. 09. 2018- held t for F promotion | to the post of | PCCF & HOFF | in the apex scale vide which apph icant wes not . found. sul Hrable for premation, for the fol iowing reasons: -
(A) departmental ssa is pending [B) related ontecedents - :
"(C} Unauthentic ACRs 24, Let us discuss the alleged unauthentic ACRs of the
-opplicant 'According fo the Special | Selection Committee, ihe ACRS. were full of discrepane es and serious anomalies. Photocopies ies, of ACR pertain ing to 2011-12 to 21617 haven" ae been annexed with the wi ten 1 sicternent of state respondent . 1083.47 & 8 in OA, 27/2019 where the Reporling officers by 'putt ng their signatures graded ond | Reviewing Officer as well "Page:22 of 31 OA.338/18 with MAs.217, 227/18 & 33/19 _ as the Accepting Authority accepted the gradings of 10 (Outstanding) on comes here as to whether if the. authority foun srepancies in the ACR, they . shall have to go feta deta : ification and enquiry and thereafter
- meeting of of th election ¢ could have been convened. a . Further wa: are of 4h ew: that if there is. somethh ing" not o seceptabie 6 he ondent authority | in SO for as the ACRs : orm the > coplce are scemed, reasonable opportunity ought he opp icant enabling him fo 'make : ot cone 40, the ACRs were faken into ment tio the inte rest of whe applicant put the highest post in HFS. caate in a 3 ary officer upto the level of POCE A ras so ; for being promoted to the sald post. we are ---- con vinice ourselves.as fo what the | - 16Qs08 IA not follow! by giving oppo representation ag:
| On. this aspec in n of the respondents in holding the ; ACRS as note of acceptable, ond accordingly, the view of ihe 5: lection Cormmittee not finding possibility"
| p ac with OA.27/2019 OA,338/18 with MAS.217, 227/18 & 33/19 -_ with OA.27/2019 to gauge any off the parameters f for selection of the applicant | | othe post of PCC 8 HOFF is. aepreccted We further observe: that jhe applicant con only. submit hi is: self appl seal reports ip ime and this the: respons Ibiity of the concemed author ty io get the sare reported,
- reviewed ond accepted. i there ig any discrepancy, 'the | cemedial measure could hove' been foken immediately For the. fault of the concerned 'authority, who 1s. authorized. lo "report review ond accept, . the offi cer 'cannot be made. fo 'suffer. In ihe 3 present case, we have found that for the fault 'of the concerned authori of ihe : Government/Deparimen! the .. applicant is. made | fo suffer immensely which fs not. permissible under the law.
26. "Regarding 'the "pendency of _ departmental proceeding shown pending gains the applicant | i is found that. vigilance: ond Ante Comption Regular » Enquiry No. 20 2017 dated OS: ol 1201 7. was initiated agai inst ine appl foant. . the apolicant had chal lenged sole enquiry dated 05. GI 2017 * and: ihe. subsequent I letter dated 20 02, 2017 vi ide OA, 46/2017 before: this Tribunal, on the: ground that. said enauity Ws Page.24 Of ST OA. 338/18 with MAS. 217, 227/18 & 33/19 with OA, 2712019 _ initiaied against i 'applicant without conducting ihe preliminary, ecording t6@ Government: of Assam, Political ~(A} xent (Viglance Cell) Circular dated:
16.08.2004, is. in precedent for regular enquiry. This Tribunal vide 7 : 2017. finding prima facie grounds: in ; favour of fhe anol : stayed the enquity: Vide the: SONNE order liberty w : gr 2 ad to the State fo put up thelr objection Odilfication of that order, But no such:
if any for vaéation applicdtion hes been filed by the State Government praying for vacation one eet order, Another departmental, against the applicant vide _ 7 which was also challenged by respondents sh bmi 1 the Bar that enquiry report has been . submi Hed by 4 ee Quiry officer. Besi des, both ihe proceedin ings | have been mt ated the same charge of aequiing assets Page.25 of 31 OA A3381 8 with MAS. 217, 227/18 & 33/19 with OA. 27/2019 "beyond known. source of income. in view of the fact that one |
- proceeding | hos been stayed ey this Tri bunal and. that the State ; respondents have not fled any st toy vacati On opp keation and further that the other procesd no was directed 0 complete : within four months cand hav ing foiled to do.so, how the 7 authori ity or the: Special Sel ection Commitee meeting held on
- 260 09. 2018 di not resort to seo! 'cover procedure on the 7 cpotcant cannot be recommended for promotion, m7. | - Keeping in view the ratio. loi down in the.
- '6V.Jankirar (supra) in case of pendency 'of departmental "proceedin ng. "egos! any officer | in the zone of considera on, seat 'cover procedure | is adopted. in 'the present case, the 'rgumenis advanced on behal fof the respondents are tral because the post of PCCF & Hof 'is sole post the decisi lon is not |
-oppicable iA the present case. we 'are not in agreement with | the above subm| ission: The! iow Ic d down | in the K. v. Jonkraman . (supra) has been: settied.. 8 not for & perticuer individual case. Pursuant fo the: aforescid law, ihe OPT. tiad dlready | not fied the vidi nes on + his subject vide OM No. 22011/4/91- Page 26 of 31 » OA338/18 with MAS.2 17, 227/18 & 33/19 with OA. 27/2019
28. _ Apr : ntention of the respondenis that for considering a n the zone of consideration for:
| promotion to i PCCF & HOFF, Assam, we hold that :
. on to ossess ihe related antecedents : ; white -conside ng | ase for promotion To such post. : : accorcinaly the sca nd 'of the respondents is nullified, 2? sf the decisions cited by the applicant spondent no.7 we have: found that in K.V.Jankiraman (supra) are. not therefore, same have not been
30. in.
enquiry repor in the ACRs dated 03,12.2018 seeking his explanation Page 27.0f SF | OA. A 336718 with AVAS.2] 17, 227/18 & 33/18 with OA.27/2019 ; Bl "Since the. facts have already: peen naroled in OA.338/2018, for the sake of _ bresity. the sine are not reiterated in OA. 27/2019.
(32. We have heard the dides and perused the pleadings:
. and materials placedon record inthe' said OA.
32. - From tne 'perusal of tne engi ry report i appear
- that the enquiry officer heid that none of the 'authorities,
- namely, Report ng 'Officer. Review! ING. Officer and 1 Accept ng | Authority had not put any ¢ date with theit signatures, thus the same seem' to be incomplete among omer grounds.
'the ACRs are incompiete, those canno! taken into ia consideration for consider! ing hi is case for. prometion, and the . . some ough! to have be en ignored in such situatl on, Ge, in y the.
"coe of incomplete ACRIAPARS,, the DOPT has sued the OM ; 7
-No.22011/5/86-Estt 0) D} dated 20, 06. 1989. The relevant portion of the said OM iS. extracted beiow: 4 ey "Where one oF more ORs have not been. wtitten' . for ony feason during the relevant peri iod, the pee should coansider.the CRs of ihe years: precedi ng the. . period in question' 'and if in-any case even these are. "pot available, the DPC should take the CRs of the lower grade, into account fo complete ihe number Page.28 of 31 with OA, 27 72019 { to. be considered as per [b) above. if 'possible, al ihe avalicble CRs should jocount:.., -
ov and quoted if fhe | Saunt High Court in the case of Arun | (3) GUT 408. In the present cose, since | *: 2018-2017 are noi somes | * the "tesponderits 0 | corer OM e'entire conspecius of the case, and as - Page 29 of 37
OA, 338/18 wilh MAS.217, 227/188 33/19 OA A.33818 with MAS.217, 227/18 a 33/19 with OA. 2712019 OAs held: in (pare. 3A. above, since the ACRSIAPARS from 2011- | . 202 to. 203 6- 2017, are incornp ieie as per the enctuity repor dated 09, i 2018, the same. shat be ignored ond the ACRS preceding 2011- 2012 onwards in n respect of the appl cant shat be placed: before: the special Selection Committee. AS already. observed above, the departmental proceeding ini ated vide aa "Regular Enauiry. 20 )2017 dated 05.01 2017 and the : communication dated 7. 02 2017 had already been stayed by thi 5 Tounal andr no say vacation appl hoation has been fi led by 4 the respondents Apropos the other deportmenta proceeding intioted vide memorandum dated 17 08. 2017, this Tribunal had. -
- already divected the respondents ie compiete the same within:
| four months vide order dated 09. 10.2018 in OA. 3948/2018, 'pul ! oo "the respondents have far ied 0 complete the proceeding jl Hil : date and no extension of ime f5 sought by them. in view of the :
above, the State respondents are estopped. from taking ihe : stand that deporimentai proceed ng are. - pending while a considering his case. me aforesaid directions shal be. complied with by ihe respondents ° with uimost expecdi ion but not later ne than four months from the date of receipi off th s s order. mi Page 30 of 31 OA, 338/18 with Mas. O17, 2E7/18 &. 38/19 with OA: 27/2019 | senior most IFS officer i a the cadre in' 7 Assam in apex sca sde-on regular basis. 39, in view-o 7 disposal 'of the two. OAs, the MA Manjula Das Hon'ble Member 0).
o MeN. Neihgial ; _ Hon'ble Meeiter (ayo