VIPIN KUMAR MITTAL Vs. LOK SABHA SECRETARIAT

JUDGEMENT

(1.) Aggrieved by the adverse entries made in the annual confidential reports ['ACRs'], the Petitioner, who was working as a Research Assistant ['RA'] in the Lok Sabha Secretariat ['LSS'], filed the present writ petition. Apart from seeking the quashing of these adverse entries in the ACRs, the Petitioner also seeks a direction in the nature of mandamus to the Respondent to restore his seniority as RA and promote him first as Executive Officer ['EO'] and thereafter as Assistant Director ['AD'] or Deputy Director ['DD'] on or before the date when his juniors were promoted to such posts.

(2.) The Petitioner states that in 1974, in exercise of the powers conferred by Rule 4(2) and Rule 5 of the Lok Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1955 ['Rules'], the Speaker made an order dated 1 st December 1974, known as the Lok Sabha Secretariat (Methods of Recruitment and Qualification for Appointment) Order, 1974 ['R&CS Order, 1974']. In terms of a circular dated 30 th January 1978, all representations against adverse remarks in the ACRs "should be decided expeditiously by the competent authority and in any case, within three months from the date of submission of the representation". Further, it was stated therein that adverse remarks should not be deemed to be operative if any representation filed during the prescribed time limit was pending. On 15 th June 1989, another Recruitment and Conditions of Service Order was issued by the Speaker [hereafter 'R&CS Order, 1989']. The Petitioner has also referred to the guidelines issued by the Department of Personnel and Training ['DoPT'], Government of India on 10 th April 1989, on the subject of Departmental Promotion Committee ['DPC'] proceedings and related matters. The guidelines stated, inter alia, that "it should be ensured that suitability of the candidates for promotion is considered in an objective and impartial manner". It also laid down a detailed procedure for evaluation of the ACRs.

(3.) The Petitioner, who holds a post graduate degree and is a law graduate, was appointed as RA in the LSS on 21 st May 1982. His appointment in the Library and Research, Reference, Information and Documentation Service [hereinafter 'LARRDIS'] was on the basis of a written test followed by an interview. The Petitioner states that the year he was selected as RA, there were five other appointments after his.