LAWS(SC)-2006-5-43

SATYA NARAIN SHUKLA Vs. UNION OF INDIA

Decided On May 11, 2006
SATYA NARAIN SHUKLA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) These two appeals impugned the same judgment of the Division Bench of the Allahabad High Court and are in the nature of cross appeals. Hence, they are being disposed of by this common judgment.

(2.) These appeals arise out of an order of the Central Administrative Tribunal, Lucknow, (hereinafter referred to as the Tribunal), which was moved by Satya Narain Shukla, appellant in Civil Appeal No. 2082/2003 (hereinafter referred to as the appellant). The Tribunal declined any relief to the appellant and dismissed his original application. The appellant carried a writ petition to the High Court and the Division Bench granted him partial relief. There is an appeal by the appellant in respect of the relief denied to him and there is an appeal by the Union of India in respect of that part of the relief granted to the appellant by the High Court. The Facts

(3.) The appellant was selected as an officer of the Indian Administrative Service (IAS) and was allotted UP cadre in the year 1967. He held different postings and was promoted to the Super Time Scale in the year 1982. In September 1996, the appellant was considered for empanellment as Additional Secretary to the Government of India, but was not empanelled. Several representations were made by him to the authorities against his exclusion from the panel of Additional Secretaries to the Government of India on the ground that his case had been considered on the basis of wrong appreciation of the character rolls and ACRs, which had not been recorded in accordance with the All India Service (Confidential Rolls) Rules, 1970. In December, 1977 the appellants case reviewed along with those of several other officers of the 1967 batch of IAS officers. His representations were not placed before the Special Committee of Secretaries (SCoS) and the Appointments Committee of the Cabinet (ACC). He was not, however, empanelled.