VIPIN KUMAR MITTAL Vs. LOK SABHA SECRETARIAT

JUDGEMENT

(1.) THIS review petition has been filed pursuant to the order dated 4th January 2012 passed by the Division Bench in LPA No. 4 of 2012 filed by the Petitioner against the earlier judgment dated 6th September 2011 of this Court dismissing the writ petition.

(2.) TO appreciate the scope of the present writ petition, it is necessary to set out the aforementioned order dated 4th January 2012 of the Division Bench which reads as under:

(3.) IT is next argued that against the aforesaid ACR, the appellant has made representations immediately which was not dealt with for quite some time. He has drawn our attention to D.P. and A.R. OM No. 21011/1/77 -EST dated 30th January, 1978 which was reproduced in the writ petition filed by the appellant. As per Mr. Saini, the aforesaid OM categorically stipulates that when the representation is filed, it has to be decided expeditiously and within a period of three months from the date of its submission and in any case, when such representation is pending consideration, adverse remarks recorded in respect of an officer are deemed to be non -operative. Based on the above, he submits that though the representation was made in April, 1990 and still pending when the promotions were made on 15th May, 1991 but the appellant was superseded and his juniors promoted. According to him, at that time the representation was pending and had not been disposed of but still ACRs recorded in the aforesaid Memoranda were taken into consideration which led to his supersession.