UNION OF INDIA Vs. K.C. JOHNY

JUDGEMENT

(1.) Heard Adv.John T. Paul, the learned counsel appearing on behalf of the establishment and Adv.M.Ravi, the learned counsel appearing for the respondent.

(2.) This original petition is filed by the establishment - Union of India and others - challenging an interlocutory order passed by the Central Administrative Tribunal directing them to act on the basis of the approval accorded by the Appointment Committee of the Cabinet; that is to say; resultantly, to promote the respondent against a regular vacancy of the post of Commissioner of Central Excise and Customs.

(3.) Departmental Promotion Committee - DPC - in its meeting held on 15.3.2013 recommended the name of the respondent for the approval by the Appointment Committee of the Cabinet, for short, 'ACC', for promotion to the post of Commissioner of Central Excise and Customs. ACC cleared that file on 11.7.2013. On 30th July, 2013, the establishment issued an order wherein other officers were shown to have been promoted, excluding the respondent. Respondent challenged this before the CAT.