BHARAT SANCHAR NIGAM LTD. Vs. MRIDUL KUMAR VERMA

JUDGEMENT

(1.) This writ petition has been filed by Chief General Manager, Telecom, NE-I Circle, Bharat Sanchar Nigam Limited [BSNL] challenging the judgment of Central Administrative Tribunal, (for short Tribunal) Guwahati Bench dated 03.12.2014. The Tribunal thereby allowed the Original Application filed by the respondent No.1 and directed the appellants (petitioners) to grant deemed notional promotion to the Superintending Engineer (Civil) immediately after the currency of penalty is over i.e. 30.09.2006.

(2.) The facts of the case are that the respondent No.1 was appointed as Assistant Executive Engineer (Civil) in P&T (Building) Group "A " Service in P&T department in 1983 through Engineering Services Examination conducted by Union Public Service Commission (UPSC 1981 batch). He was then promoted as Superintending Engineer on adhoc basis in the year 2000. He was continuously working since then in the NE I Zone of BSNL on his tenure posting of two years since August 2011. He, a part from his own duty was also looking after the office of Chief Engineer (Civil). During the period respondent No.1 was working on the post of Superintending Engineer (Civil) on adhoc basis from 03.05.2000 till November 2004, no regular Departmental Promotion Committee [DPC] was convened despite availability of large number of vacancies. While he was working as Executive Engineer, the respondent No.1 was served with the memorandum of charge sheet dated 18.05.2004, proposing to impose minor penalty on the charge of supervisory negligence for various lapses on the part of his subordinate Assistant Engineer (AE). Finally, the respondent vide order dated 30.09.2005 awarded penalty of reduction of one stage in the time scale of pay for a period of one year without cumulative effect. When the Disciplinary Proceeding was pending against the respondent No.1, the petitioner-department initiated process for regularization of the adhoc service of Superintending Engineer in the year 2004-05 consisting of the officers of UPSC batches from 1971 to 1985 (14 batches and above 100 officials). Accordingly, the DPC was held in the month of December, 2004 and on the basis of the recommendation of the DPC, petitioners vide order dated 04.01.2005 promoted as many as 94 Superintending Engineer (Civil) on regular basis w.e.f. 30.12.2004 and 14 Superintending Engineer (Civil) w.e.f. 28.03.2005.

(3.) According to the case set up by the respondent No.1 before the Tribunal, many of his juniors were also promoted on regular basis to the post of Superintending Engineer (Civil) vide orders dated 04.01.2005 and 19.04.2005, although their promotion orders was made subject to the outcome of the SLPs, Writ Petitions and Original Applications pending in various Courts and Tribunal.