UNION OF INDIA Vs. AMAR VIJAY JADHAV

JUDGEMENT

(1.) The petitioner - Union of India by this petition filed under Article 226 of the Constitution of India challenges the judgment and order dated 25/8/2011 passed by the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereinafter referred to as "the Tribunal" for short) in O.A.No.853 of 2010.

(2.) The respondent Nos.1 to 3 filed O.A. before the Tribunal being aggrieved by the highly belated action on the part of the petitioner in carrying out a cadre review in respect of Indian Police Service (hereinafter referred to as "IPS" for short), Maharashtra Cadre.

(3.) Learned Counsel for the petitioner - Union of India assailing the order of the Tribunal submits that the process of cadre review is a cumbersome exercise, starting with a preliminary meeting between the Ministry of Home Affairs and the State Government to finalize the view on the proposal furnished by the concerned State Government. The proposal/brief is sent to the Cabinet Secretariat to get the convenience of the Cabinet Secretariat. He pointed out the various stages the proposal goes through before formal notification is issued. This process takes considerable period of time. Learned Counsel invited our attention to the affidavitinreply filed by the respondent No.5 - State of Maharashtra wherein it is stated that the previous cadre review of IPS (Maharashtra Cadre) was approved by the Central Government by Notification dated 5/11/2003. As per the statutory rule, the next cadre review was due in the year 2008 within a period of 5 years from 5/11/2003. The Central Government by letter dated 12/10/2007 requested the respondent No.5 - the State Government to forward a proposal for cadre review to the Central Government. Several reminders were sent by the petitioner to the State Government to forward the proposal. It is only by a letter dated 6/10/2009 that the proposal was submitted to the Ministry of Home Affairs of respondent No.1.