UNION OF INDIA Vs. C DINAKAR

JUDGEMENT

(1.) UNION of India has filed this petition to challenge the order passed by the central administrative tribunal (for short, the tribunal') in o. a. No. 1020 of 1999, dated 8-2-2001 wherein the tribunal has quashed the appointment of Sri r. k. Raghavan, (respondent 7) as the director of central bureau of investigation (for short, the cbi), at the instance of Sri c. Dinakar, ips, respondent 1, herein on the ground that the petitioner had acted against the Rule laid down by the Supreme Court of India in the case of vineet narain and another v union of India and others, regarding the procedure to be followed for the selection and appointment of director of cbi.

(2.) FACTS. The basic premise laid down by respondent 1 in the o. a. Before the tribunal is that both he and respondent 7 were appointed to the indian police service (hereinafter referred to as the ips') in the year 1963. On the date of appointment of director of cbi on 31-12-1998 the inter se seniority positions of the first four officers in the all India ips seniority list were as follows:

(3.) IT was averred that the post of director of cbi was one of the two senior most posts in the ips in the country and is under the government of india. It is a selection post in the ips. Ips being an all India service, the ips officers are governed by the all India services Act, 1951. The conditions of service of ips officers are regulated by the ips pay rules, 1954, made under Section 3 (1) of the all India services act (for short, 'the 1954 rules' ). That the post of cbi director is one of the "posts carrying pay above the timescale of pay" as mentioned in schedule iii-c to the ips (pay) rules, 1954 with fixed pay of Rs. 26,000/- per month as revised with effect from 1-1-1996, and hence appointment to this post should be in accordance with Rule 3 (2-a) of these rules. Rule 3 (2-a) reads: