UNION OF INDIA UOI Vs. V B PUJARI

JUDGEMENT

(1.) THE respondent herein was an Officer in ITS Group-B. By an order dated 9-6-2000, he and some others were promoted to Group- B on officiating basis and posted to Shimoga Telecom district. But, in view of pendency of a departmental enquiry, he was not relieved from Group-B post. By representation dated 20-6-2000 the respondent pointed-out that the enquiry proceedings had been commenced two and half years ago but his case for adhoc promotion should have been considered immediately after two years of commencement of such proceedings. By communication dated 29-6-2000 he was informed that in view of pendency of; disciplinary proceedings, he cannot be relived and thai the officiating promotion granted by order dated 9-6 2000 stood cancelled. The respondent assailed the same in O. A. No. 1019/2000 before the central Administrative Tribunal. By the impugned order at Annexure-A dated 8-2-2001 allowed the application, quashed the order dated 29-6-2000 and directed that the respondent shall be treated as eligible for all benefits arising from the promotion order as Group-A Officer. In this writ Petition the legality and validity of the same is questioned by the petitioners.

(2.) LEARNED counsel for the petitioners was heard. Despite of service of notice, respondent remained unrepresented. If this Court were to quash the impugned order, it will affect the respondent and similarly placed other persons. From the impugned order, it is noticed that Sri p. A. Kulkarni appeared for the respondent before the Tribunal. Since he was present in the Court, he sought time to take instructions. . There after he made submissions justifying the impugned order, though he could not get information from respondent.

(3.) IN our view, the Tribunal was not justified in allowing the application and quashing the order dated 29-6-2000. From promotion order Annexure-Al dated 9-6-2000 it is seen that the promotion is temporary on officiating arrangement in public interest subject to the conditions enumerated therein. Condition No. 2 is relevant and the same is as under: