C Bastin Sabu vs Union Of India Represented By The ... on 23 May, 2023
In fact, the Tribunal in its interim order also referred to its own order dated
25.11.2021 in O.A's No.180/528/2020 and 180/444/2021 in the matters of
Suresh Kumar K. S v. Union of India and others and C.F Robert v. State of
Kerala and others by which the Tribunal had not allowed the two OA's for
these very reasons. However, it was noted in the interim order that from the
details brought out there could have been some elements of error on the part of
the State Government in terms of not properly presenting all the required
details to the UPSC in a proper manner. The Tribunal brought out the relevant
details in this regard specificallty at paragraph 9 of the interim order. Given
the details and concerns as shown in these issues, this Tribunal directed the
State Government to once again bring out all the relevant details of the case of
the applicant in a transparent manner, while sending the next proposal for
preparation of Select List 2019 to the UPSC, on the lines indicated earlier.
Specifically, the State Government was directed to give its explanation in not
following up on the orders at Annexure A-2, the failure of the State Police
Chief to report to the State Government about the cancellation of the penalty
order imposed by the Inspector General of Police, North Zone and all other
relevant matters in light of the observations, as well in light of the Guidelines
and Regulations. The UPSC was also directed to consider these aspects while
making the assessment of the applicant for promotion/selection, if he was
otherwise eligible to be considered for the Select List 2019. It was also
indicated in the order that the period of currency of the punishment, which
O.A No.180/527/2021
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was related to the year 2006-2007, but was implemented due to inexplicable
reasons only later in 2021 much of which seem to be due to mistakes on the
part of the State Government, would have to be considered by the Selection
Committee of the UPSC in the light of the details provided. Thus, in effect,
the interim order was only to direct the authorities at the State Government
level as well as in the UPSC to examine the whole matter of the case of the
applicant in the light of all required and relevant details, in any future
selection processes to the IPS involving the applicant. In addition the UPSC as
well as the State Government were also directed to file their detailed reply
statements at an earlier date in the O.A., taking into consideration the
observations made by this Tribunal in the Interim Order.