RAKESH BEHARI, IAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner challenges the order dated November 14, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) dismissing CP No.264/2012 seeking enforcement of the order passed in his favour in OA No.178/2011, observing that the petitioner had the liberty to challenge the order passed by the respondents, which was alleged to be in violation of the order passed by the Tribunal allowing OA No.178/2011.

(2.) The petitioner, who is a 1997 batch IAS Officer, being aggrieved at his non empanelment for the post of Secretary, Government of India, had filed O.A No.178/2011, inter-alia, seeking a direction from the Tribunal to the respondents, to empanel him to the post of Secretary, Government of India along with his batch-mates of Indian Administrative Services, 1977. The Tribunal by way of a detailed order/ judgment allowed the Original Application filed by the petitioner with the following directions:-

(3.) In terms of the directions of the Tribunal the respondent passed two orders, the first on May 30, 2012, whereby in terms of the recommendations of a special committee of Secretaries the respondents recommended the petitioner's empanelment for appointment to Secretary equivalent post in the Centre. The second being an order dated August 01, 2012 read with order dated August 03, 2012, whereunder the respondents informed the petitioner that his case has been considered in the year 2012 for empanelment and since on the first day of year 2012, he did not have two years remaining service, he was not being empanelled for appointment as Secretary. The aforesaid orders resulted in petitioner filing the contempt petition before the Tribunal alleging non compliance of the order disposing of the Original Application.