UNION OF INDIA Vs. A K CHAKRABORTY

JUDGEMENT

(1.) We have heard Shri Altaf Ahmed, learned Additional Solicitor General for the appellant Union of India and Shri Avijit Bhattacharjee, learned counsel for the respondent.

(2.) While the tribunal, in our opinion rightly, recognised the position that the appointing authority could, for sufficient reasons to be placed on record, differ from the recommendations of the Departmental Promotion Committee, it, however, found that such reasons were shown to be obtaining. According to the tribunal, the matter, therefore, required a fresh consideration. The operative part of the tribunal's order reads:

(3.) The appointing authority has, thus, the liberty to consider whether the reasons justifying any departure from the recommendations of the DPC exist. The reconsideration shall be done as expeditiously as possible; but in any event not later than four months from today.