UNION PUBLIC SERVICE COMMISSION Vs. RENUKA TYAGI

JUDGEMENT

(1.) THE present Writ Petition has been preferred by the Union Public Service Commission (UPSC) under Article 226 of the Constitution of India to assail the order dated 20.12.2012 passed in OA No. 1223/2012, as also the against the Order dated 19.11.2013 passed in R.A. No. 123/2013 in O.A. No. 1223/2012 by the Central Administrative Tribunal, Principal Bench, Delhi (CAT/ Tribunal) whereby, the Tribunal allowed the Original Application of the respondent no. 1 and dismissed the Review Application of the petitioner.

(2.) RESPONDENT no. 1 qualified the civil services examination in the year 1993 and was allocated the Armed Forces Headquarters (AFHQ) service. Presently, respondent no. 1 is working at the post of Section Officer.

(3.) ON 04/05.05.2011, the Departmental Promotion Committee (DPC) meeting was held by the petitioner for considering promotions to the post of Civilian Staff Officer (Deputy Director) in the AFHQ Civil Services for the vacancy years 2001 -02, 2002 -03, 2003 -04 and 2004 -05. Respondent no. 1 did not fall within the zone of consideration for the vacancy year 2001 -02. For the vacancy year 2002 -03, she did not make the cut, as she was at seniority position No.14. When the DPC considered the case of respondent no.1 for the vacancy year 2003 -04, though she was at S. No. 1, she was found 'unfit' for promotion by the DPC due to the penalty imposed on her in the year 2008. The respondent no. 1 was, therefore, considered for the vacancy year 2004 -05, and she was found 'fit' by the DPC and recommendation was accordingly sent to the department.