N I SATHWARA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged in this petition the impugned order dated 31st July, 2002 passed in O.A. no.751/1997 by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (for short the Tribunal) and subsequent order dated 6th January, 1993 passed in Review Application no.100/2002.

(2.) Learned Counsel Shri Parmar for the petitioner submitted that DPC never met from 1992 to 1994 and though there was penalty of only censure, the case of the petitioner was not considered for promotion to the higher post. This argument of Mr. Parmar has to be straight away rejected because the initial penalty of withholding of increment for 12 months was passed but later on it was reduced to censure. From the impugned judgment and order of the learned Tribunal it is clear that the case of the petitioner was considered on 17-3-1998 as on 1-10-1991 and after scrutinizing his CR file and other relevant records, the DPC did not find him fit for promotion. In the same manner, the DPC met on 10-3-1995, 2-8-1995 and 20-2-1996 and on all the three occasions considered the case of the petitioner but did not find him fit for promotion. Thereafter, on 26-7-1996, 11-3-1997, 11-8-1997 and 23-2-1998 once again the DPC considered the case of those persons who have completed 26 years which includes the case of the petitioner but again he was not found fit for promotion.

(3.) Under the circumstances, in our considered opinion, the learned Tribunal was right in holding that a person has only right to be considered for promotion and cannot seek promotion as a matter of right. The Court has to consider only this aspect as to whether the DPC has considered the case of the petitioner in accordance with the law or not. There was no grievance made against the constitution of the DPC by the petitioner-applicant and that his case was not considered as on 1-10-1991. Merely because penalty of 12 months was reduced to the penalty of censure that does not mean that the petitioner should have been considered for promotion. The other aspects of the case also is required to be considered by DPC and when after full consideration if the DPC has found him not fit for promotion, then the decision of the DPC cannot be interfered by any Court.