UNION OF INDIA Vs. NARESH K GUPTA

JUDGEMENT

(1.) BY the present petition, the Union of India has questioned the order dated 25-4-2003 of the Mumbai Bench of the Central administrative Tribunal. By the impugned order, the Tribunal has held that the respondent, Naresh K. Gupta's promotion should not have been 495 deemed as if in a sealed cover in terms of para 6 of the Railway Board's letter dated 21-1-1993. Therefore, since he was already empanelled, he is entitled to be promoted from 14-6-2002 i. e. the date on which his junior has been promoted to the post of principal head of the department in the railway.

(2.) THE respondent was appointed in the Indian Railway as an Engineer in the year 1972. On 15-2-1996 he was promoted to Senior Administrative Grade of Rs. 18,000- Rs. 22,400.

(3.) THE present case arises out of the petitioner's claim for promotion from the Senior Administrative Grade to the next higher grade i. e. Principal Head of the Department Grade of Rs. 22,400-Rs. 24,500. This promotion is on merit. A Departmental Promotion Committee met in October 2001 and recommenced the petitioner for the higher grade. On 14-6-2002, however, his junior was promoted. According to the petitioner, this was due to a decision to initiate departmental inquiry on 29-4-2002. However, the charge-sheet was issued only on 3-12-2002. It appears that the central Vigilance Commission on a reference had tendered first stage advice on 3-7-2002 against taking action against the respondent. Thus, no charge-sheet was issued immediately thereafter. It, however, appears that on reconsideration the commission agreed to the proposal to initiate disciplinary proceedings.