DR. BADRI NARAYAN TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri H.J.S. Parihar, learned Senior Advocate, assisted by Sri D.K. Singh, learned counsel for petitioner; Sri S.B. Pandey, Assistant Solicitor General of India, for respondents-1 and 2, Sri Rajnish Kumar, Advocate, for respondent-7 and learned Standing Counsel for respondents-4, 5 and 6.

(2.) Petitioner, Dr. Badri Narain Tiwari, was a member of U.P. Provincial Police Services (hereinafter referred to as "UPPPS") having been selected through U.P. Public Service Commission (hereinafter referred to as "UPPSC") and appointed as Deputy Superintendent on 10.10.1989. He was confirmed on the said post on 01.07.1993 and promoted as Additional Superintendent on 10.01.2001. His date of birth is 02.09.1956. He was considered for appointment by promotion in Indian Police Service (hereinafter referred to as "IPS") under the provisions of Indian Police Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as "IPS (Appointment by Promotion) Regulations, 1955") in 2012. In the list forwarded by U.P. Government to Union Public Service Commission (hereinafter referred to as "UPSC"), name of petitioner was at Sl.No. 40. On 22.08.2012, petitioner made representation to Secretary, Home, U.P. Government for correction of his grading in Annual Confidential Report (hereinafter referred to as "ACR") of 2005-06 and 2007-08 as "outstanding" and "very good" respectively in view of the fact that Reporting and Reviewing Authority so graded the petitioner but it was denied by Accepting Authority without assigning any reason, in violation of Government Order dated 28.03.1984. While the aforesaid representation was pending, Selection Committee held its meeting on 12.12.2012 and considered 68 officers of UPPPS for appointment by promotion in U.P Cadre of IPS against the vacancies of 2009, 2010 and 2011. Selection was finalized and select-list was notified in the Gazette dated 21.12.2012 in which petitioner's name did not find figure though persons junior to him were included therein. Subsequently, by order dated 14.02.2013, State Government allowed petitioner's representation dated 22.08.2012 upgrading his ACR of 2005-06 as "outstanding" and 2007-08 as "very good". Petitioner then moved a representation dated 14.02.2013 requesting for Review DPC in view of up-gradation of his ACR for the years, 2005-06 and 2007-08. When no action was taken by respondents, petitioner filed an application under Section 19 of Administrative Tribunal Act, 1985 (hereinafter referred to as "Act, 1985') registered as Original Application (hereinafter referred to as "OA") no. 105 of 2013 wherein an interim order was passed on 23.08.2013 to the following effect:

(3.) OA no. 105 of 2013 was finally disposed of vide order dated 25.03.2014 and operative part thereof reads as under: