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By Hon'ble Dr.Chhabilendra Roul, Member (A):-

Sh. Shailendra Sharan Singh (Applicant herein) DCIO / Executive in Intelligence Bureau (I.B.) has preferred this Original Application seeking the following relief(s):-
8.1 Set aside the impugned memoranda at Annexure A-1 and Annexure A-2 respectively, and direct the respondents to revise and re-fix the seniority of the applicant over and above the juniors, in the posts of ACIO-I and DCIO/Exe. by declaring the action of the respondents, in giving out of turn promotion to the Juniors of the applicant as illegal and arbitrary with all consequential benefits including further promotion; and 8.2 Any other relief which this Hon'ble may deem fit and appropriate, in the circumstances of the case.

2. The memoranda dated 18.05.2016 (Annexure A-1) and 18.5.2016 (Annexure A-2) are the response of the Intelligence Bureau to the representations made by Sh. Shailendra Sharan Singh regarding his seniority in rank of DCIO/Exe. By these memoranda, the I.B. has declined the claim of Sh. Shailendra Sharan Singh to re-fix his seniority above certain DCIOs who were allegedly junior to him in the feeder cadre of ACIO-I. Court No.6 (item No.26)

3. The brief facts of the case are that applicant was initially appointed and joined as ACIO-II in Intelligence Bureau on 17.1.1994. On 07.06.2006 a charge-sheet under Rule 14 of CCS (CC&A) Rules, 1965 was issued to the applicant for major penalty. Due to the pendency of the disciplinary cases though he was considered for promotion rank of ACIO-I /Exe in the DPC for 2006-07 andtherafter the DPC for 2007-08 but both the recommendations of the DPCs were kept in sealed covers on account of pending departmental proceedings. Subsequently he was awarded penalty of censure for which the sealed covers were never acted open as per DOP&T's OM dated 14.09.1992. Subsequently, the present Applicant filed OA No. 2616/2012 in Principal Bench New Delhi. The Tribunal quashed the said penalty vide its order dated 14.11.2014 which was subsequently upheld by the Hon'ble High Court of Delhi vide its judgment dated 09.10.2015. In pursuance of the court order, the sealed covers of the DPCs were acted open and Shri S.S.Singh was promoted to the rank of ACIO-I/Exe w.e.f. 24.04.2007. Vide order dated 08.01.2016 his seniority was fixed in the rank of ACIO-I/Exe at Sr. No. 28-A in the seniority list of ACIOs circulated on Court No.6 (item No.26) 20.10.2012. Subsequently Shri S.S. Singh was promoted notionally to the rank of DCIO/Exe w.e.f. 02.09.2013 and thereafter his seniority was fixed in rank of DCIO/ Exe. at Sr. No. 631/A in the seniority list circulated on 01.01.2015. Shri S.S. Singh found that some of his juniors in the cadre of ACIO-II were placed above him in the seniority list of DCIOs as per the seniority list circulated on 01.01.2015. Being aggrieved, he filed representations before the I.B Authorities stating that there were anomalies in the seniority list fixed for DCIOs and his juniors have been placed above him in the seniority list. He requested for rectifying the anomalies in his representations dated 4.5.2016 and subsequently on 15.06.2016. The Intelligence Bureau Authorities vide aforementioned memoranda rejected the claim for assigning higher position in the seniority list. Being aggrieved, the applicant has come to this Tribunal in the present Original Application (OA).

4. The main grounds taken by the applicant in his OA are of two folds:-

(a) Some of his juniors in the rank of ACIO-

II/Exe have been shown above to him in the Court No.6 (item No.26) seniority list of DCIOs. Though he had made representations to the I.B Authorities, they have not given any speaking order explaining as to why his juniors were placed at higher position in the seniority list. Furthermore, he has asserted that he asked for the Recruitment Rules and other details from the I.B. Authorities and he was not furnished the same.

6. The respondents in their counter affidavit have denied that there was any arbitrariness in fixing seniority of DCIOs. The representations submitted by Shri S.S.Singh was duly considered and the reasons Court No.6 (item No.26) placing him at a particular point in the seniority list has been clarified. The reason for placing some of the juniors in the rank of ACIOs-II/Exe above the applicant is that these juniors of Shri S.S.Singh got promotions prior to him and hence they got seniority in the ACIO- I/Exe and subsequently in DCIO/Exe ranks. The respondents have clarified that out-of-turn promotions granted to the batch mates and juniors to the applicant were in accordance with the provisions of the then prevailing RRs. The respondents have denied that the juniors of Shri S.S.Singh of the rank of ACIO-II/ Exe have attained higher position in the seniority list in the rank of DCIO /Exe because of catch-up rules.