DAHYABHAI MOHANBHAI PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER , appearing in person, has challenged a judgment of the Central Administrative Tribunal, Ahmedabad ('the Tribunal" for short) dated 20.12.2011 in O.A.No.399 of 2011 and a further order dated 19.01.2012 passed in M.A.No.14 of 2012. This is a long drawn litigation. We may record brief necessary facts. Petitioner is a retired employee of Bharat Sanchar Nigam Limited ("BSNL" for brief). He retired on superannuation with effect from 31.5.2009 from the post of Divisional Engineer. Departmental Promotion Committee ("the DPC" for short) for promotion to the post of Telecom Engineer Service Group B from Junior Telecom Officer ("JTO" for brief) for the years 1992 -93 and 1993 -94 considered the case of the petitioner, but did not find him fit for promotion. Petitioner thereupon filed O.A.No.505 of 1994 before the Tribunal. The Tribunal noted that such non -promotion was on the basis of certain adverse entries which were not immediately communicated and, after communication upon a representation from the petitioner, were expunged. The Tribunal was, therefore, of the opinion that the Department would have to conduct a review DPC to consider the petitioner in light of the expunged adverse remarks for the years 1989 - 90 and 1990 -91. The Tribunal, therefore, gave the following directions in its judgment dated 15.06.2001:

(2.) THE said decision of the Tribunal was challenged by the Department before the High Court in SCA No.16139 of 2004. Such petition was dismissed by a judgment dated 29.03.2005 in the following manner:

(3.) THE Department carried the matter further in appeal before the Supreme Court. The Supreme Court dismissed the SLP subject to the following observations: