UNION OF INDIA Vs. U D DWIVEDI

JUDGEMENT

(1.) Leave granted.

(2.) U. D. Dwivedi was employed in Defence Research and Development Organisation (DRDO) in 1974 and was working as Scientist B in the pay-scale of Rs. 2200-4000, Gazetted Group A, DRDS Service at Solid Physics Laboratory, Timarpur, Delhi, with effect from 1st July, 1983. He was working under Dr. A. K. Sreedhar, Director, Solid State Physics Laboratory, Timarpur, Delhi, Dwivedi was assessed by the Assessment Board at Recruitment and Assessment Centre (RAC), Timarpur, on 1-2-1989 for the service period from July, 1983 to June, 1988 for promotion to the post of Scientist C in the pay-scale of Rs. 3000-4500 in DRDS. The assessment is called as Assessment Year 1988. The result of the assessment was declared in May, 1989 and Dwivedi was not declared successful in the assessment.

(3.) Dwivedi challenged the assessment for the year 1988 before the Principal Bench of the Central Administrative Tribunal, New Delhi. The ground of challenge was that RAC, which conducted the assessment, was set up in an unconstitutional manner because the entire assessment was conducted under the chairmanship of one Professor S. Sampath, Professor Sampath, being a former member of the Union Public Service Commission (UPSC), was prohibited from taking up any employment under Union of India or State Government as laid down in Article 319(c) of the Constitution of India. The Tribunal upheld the contention of Dwivedi and held that the Assessment made under the Chairmanship of Professor Sampath was null and void. Union of India has come up in appeal against the order of the Tribunal.