DELHI DEVELOPMENT AUTHORITY Vs. S.P. SINGH

JUDGEMENT

(1.) THE present petition is directed against an order of 5.7.2011 passed by the Central Administrative Tribunal (hereafter referred to as "CAT") in TA 195/2007. The CAT directed that even while treating the respondent/applicant as promoted to the grade of Executive Engineer w.e.f. 1.12.2012, his seniority would be fixed as if he was promoted w.e.f. 07.12.1999.

(2.) THE brief facts are that the applicant was, at the relevant time, working as Assistant Engineer, when on 09.03.1998, a charge -sheet for minor penalty was issued to him. On 30.9.1999, a Departmental Promotion Committee (DPC) was constituted; it considered names of officers for promotion to the post of Executive Engineer. By apparent oversight, the applicant's name - which ought to have been kept in sealed cover pursuant to extant Circulars and Memoranda governing the promotions in such eventualities - was considered for promotion; approved, and the sealed cover not maintained. He was, therefore, promoted to the grade of Executive Engineer on 07.12.1999. With the culmination of minor penalty disciplinary proceedings - which started as a result of the charge -sheet dated 09.03.1998 (hereafter referred to as "first charge -sheet"), - a minor penalty of stoppage of one increment for a period of one year without cumulative effect was imposed upon the applicant on 21.03.2000. This penalty has attained finality. In the meanwhile, on 19.10.2000, another charge -sheet (hereafter referred to as "second charge -sheet") for an unrelated misconduct, proposing minor penalty was issued to the applicant. On 02.12.2000, another DPC was constituted. This time, the applicant's name was not considered - apparently because he already stood promoted w.e.f. 07.12.1999.

(3.) THE petitioner passed an order dated 21.09.2006 by which his promotion - originally granted to the respondent w.e.f. 07.12.1999 was withdrawn, and he was considered to have been granted the same from 30.11.2002, when the effect of the second minor penalty ceased. A consequential order re -determining the applicant's seniority too was drawn. In these circumstances, the respondent approached the Tribunal for quashing of the order dated 21.9.2006 which fixed his seniority as if he had entered the cadre of Executive Engineer from 30.11.2002. The further direction sought was for restoration of his seniority based on the original date of his promotion.