UNION OF INDIA Vs. B.S.BOLA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 22.12.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.1595/2010.

(2.) THE question which came up for consideration before the Tribunal was� whether the respondent's case for grant of Junior Administrative Grade-I, which was available to the officers of DANIPS (Delhi, Andaman & Nicobar Islands Police Service) w.e.f. 01.01.1996, could be placed in a sealed cover by the Departmental Promotion Committee (DPC) convened on 15.10.2009, when the officers junior to him were granted the same grade from that date (01.01.1996), in spite of the fact that there was no disciplinary proceeding or criminal case pending against him as on 01.01.1996 and the sanction for prosecution under the Prevention of Corruption Act, 1988 was given in July, 2005 and the disciplinary proceeding had been instituted on 12.06.2006? The Tribunal has answered this question in favour of the respondent and has directed that the sealed cover be opened and to act on the recommendations of the DPC convened on 15.10.2009. It was also directed that if the DPC had found the respondent to be fit for promotion, he would be promoted to the Junior Administrative Grade-I w.e.f. 01.01.1996, that is, from the date the persons junior to him were promoted. The Tribunal has also directed that the respondent would then be eligible for all consequential benefits, which would accrue to him under the rules as a result of such promotion.

(3.) BEFORE we examine these rival contentions it would be necessary to set out some facts.