UNION OF INDIA Vs. MANOJ KUMAR GAUTAM

JUDGEMENT

(1.) The Union of India has preferred the present writ petition to assail the order dated 16.11.2012 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No. 3252/2017. By the impugned order the Tribunal has allowed the Original Application preferred by the respondent and direct that he be promoted since he has been found fit by the DPC in its recommendations dated 07.06.2017. The respondent's promotion has been granted with effect from the date when his juniors were so promoted. It is directed that he shall retain his seniority.

(2.) The respondent was serving as the Commissioner, Income-Tax in the year 2008. He had outstanding gradings during his entire tenure as Commissioner of Income Tax. In the year 2014-15, Departmental Promotion Committees (DPCs) were held for the post of Principal Commissioner of Income Tax. Though his seniors were promoted, he was not so promoted. Another DPC was held on 07.07.2017, when the case of the respondent was considered. On this occasion, though his juniors were promoted, he was not promoted. The respondent was not made aware of the reasons for his being superseded despite his legal notice dated 19.08.2017 to the petitioner. He then preferred the Original Application in question before the Tribunal.

(3.) The defence set up by the petitioner before the Tribunal was that though the respondent's case was considered for promotion, he was not promoted in view of the pending complaint against him. The Tribunal allowed the Original Application by placing reliance on Union of India Vs. K.V. Jankiraman, 1991 4 SCC 109. The Tribunal noted that the circumstances warranting withholding of the respondent's promotion, as enumerated in the said decision in K.V. Jankiraman (supra), were not present in the present case. Reliance was also placed on Office Memorandum dated 02.11.2012, which, inter alia, provides: