ABHIJIT GHOSH DASTIDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was Post Master General during the relevant period and was eligible to be promoted to the Higher Administrative Grade of Indian Postal Service Group-A and to be posted as Chief Post Master General. His claim for promotion was considered by the D.P.C. on 15.12.1999 and again on 28.02.2001. The appellant was not found eligible for promotion to the Higher Administrative Grade-A. He filed an Original Application before the Central Administrative Tribunal (hereinafter referred to as "CAT")at Patna alleging that he was not considered for promotion for the reason that there were two entries in his C.R. i.e. one on 22.09.1997 and another on 08.02.1998. It was pointed out that the CAT, Patna Bench by order dated 27.05.2002 directed the authority not to take note of "the order of caution dated 22.09.1997" and "the order of adverse remarks dated 09.06.1998" for the period 01.04.1997 to 13.10.1997 while considering the appellant for promotion. In the light of the said order, the appellant contended that these two adverse entries should not have been considered by the D.P.C. He further contended that through out the period he was given entry of "good". The respondent-Department alleged that the appellant was not considered for promotion as he was not having the benchmark of "very good". According to the appellant, the adverse entries namely "good" were not communicated. The said aspect ought not to have been considered while considering his promotion. In support of the above claim, he relied on the decision of this Court in Dev Dutt v. Union of India and Ors.,.

(3.) Pursuant to the direction of the CAT, Patna Bench on 09.09.2002 review of D.P.C. was held and the appellant was not found suitable for promotion. In March, 2003, there was a regular D.P.C. and the appellant was found fit for promotion with the same entries and accordingly promoted to Higher Administrative Grade Group-A and later retired from service.