SECRETARY GOVERNMENT OF INDIA Vs. R S SISODIA

JUDGEMENT

(1.) This writ petition is directed against a judgment and order dated 18.01.2000 passed by Central Administrative Tribunal, Principal Bench, New Delhi ( hereinafter for the sake of brevity referred to as, 'the Tribunal') in O.A. No. 123 said Ministry whereas the other two posts thereof remained with the said Department. The said two posts in the said Department were later on re-desigtiated as Deputy

(2.) Commissioner (Fisheries). According to the petitioner, the said Department requested the said Ministry to frame the Recruitment Rules in respect of the said transferred post. However, the said Ministry did not amend the Recruitment Rules being the time consuming process and insisted that the Officers holding the transferred posts may also be considered as and when the posts in the said Department fell vacant, Two posts of Deputy Commissioner (Fisheries) indisputably fell vacant in the said Department on or about 16.05.1994 and 01.03.1995 respectively. Admittedly the said Department sought for advice of the Department of Personnel & Training ( in short, 'DoPT' ) as to whether Shri J.P.S. Mehrotra, the then Assistant Commissioner in the said Ministry could be considered for the vacancy, which fell vacant on 01.03.1995 in the said Department. However, the said DoPT advised that pending amendment of the Recruitment Rules, the posts in the said Department as well as the said Ministry may continue to be filled in accordance with the existing Recruitment Rules without excluding the transferred Officers of the said Ministry. Accordingly, a meeting of the Departmental Promotion Committee ( in short, 'DPC' ) for promotion to the post of Deputy Commissioner (Fisheries) was held on or about 06.10.1995. On or about 04.12.1995, an order was issued promoting two Assistant Commissioners /Fisheries), namely, Shri Mehrotra and Shri G.D. Chanderpal in the said Department. However, questioning the said order dated 04.12.1995, the respondent No. 1 herein filed an Original Application before the Tribunal on 29.01.1996.

(3.) The learned Tribunal in its impugned judgment has inter alia held :-