LAWS(GJH)-2018-9-123

DINESH LALCHAND NOLAKHA Vs. UNION OF INDIA

Decided On September 11, 2018
Dinesh Lalchand Nolakha Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has challenged an order dated 01.12.2015 passed by the Central Administrative Tribunal, Ahmedabad ['Tribunal' for short] in Original Application No. 186 of 2012 filed by the petitioner.

(2.) Brief facts are as under:

(3.) The department eventually opened the sealed cover and acted on the recommendation of DPC and granted promotion to the petitioner to the post of Scientist Engineer [SE] w.e.f. 01.01.2010 by an order dated 16.02.2012. The petitioner was however, satisfied with this limited relief which he received from the department. His case was that he ought to have been granted promotion w.e.f. 01.01.2007 and w.e.f. 01.01.2010, as was done by the department. He therefore, filed a fresh Original Application No. 186 of 2012 before the Tribunal in which, he referred to the instances of his case being screened out by the employer in the years 2007, 2008 and 2009. He referred to a reply dated 15.03.2010 he received from the department in response to his application made under Right to Information Act on 15.02.2010. In such reply, it was conveyed to the petitioner that the petitioner was due for promotion from 01.01.2005 but, as he was screened out on 01.01.2005 and 01.01.2006, vigilance clearance was obtained. The case of the petitioner was that the department wrongly screened him out in earlier years. In particular, the action of the department in screening him out as on 01.01.2007 was in close proximity with the disclosure of a criminal case against him. The authorities were thus, influenced by such factor though the criminal case had no connection with his discharge of duties. The department thus, considered the factum of the pending FIR which was even otherwise, could have been taken into account for judging his suitability for promotion. He therefore, prayed that the decision of the department to grant him promotion w.e.f. 01.01.2010 be modified and he may be promoted w.e.f. 01.01.2007.