SH. JANMEJA Vs. UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF COMMUNICATION & INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA

JUDGEMENT

(1.) BRIEF facts of the case are that the applicant joined the Department of Telecommunication on 19.04.1983 as Telephone Operator. On 01.04.1986 after formation of MTNL he was transferred to work in MTNL and treated as on deemed deputation. In 1998 he passed the JAO Part -II Examination and after completion of induction training was appointed as such in MTNL on 12.03.1999. On 07.02.2003 he was issued a charge sheet under Rule -16 of CCS (CCA) Rules, 1965 which culminated in award of penalty of censure on 06.06.2003. The grievance of the applicant is that during the period when he was under charge sheet a DPC was held on 13.03.2003 for promotion to the post of AAO but the applicant's case was not considered in the same in accordance with the instructions of DoPT. Thereafter, no DPC was held for very long time depriving him of promotion as AAO. He made a representation to the respondents on 10.06.2003. The applicant again made a representation dated 15.06.2011 to Director (HR), MTNL, Corporate Office regarding his promotion from JAO to AAO. This has been rejected by the respondents vide their impugned order dated 17.10.2011. Hence, the applicant has filed this O.A. before us seeking the following relief: -

(2.) THE respondents have filed their reply stating that this O.A. is barred by limitation as the applicant is seeking promotion w.e.f. 2003 at this belated stage. They have further stated that the applicant was awarded penalty of censure and therefore his case for regular promotion to the grade of AAO w.e.f. 01.01.2003 could not be considered by the DPC. Further, they have stated that the applicant has been absorbed in MTNL w.e.f. 01.10.2000 in the substantive grade of JAO. He has also been promoted as AO on regular basis w.e.f. 07.12.2009.

(3.) IT is not denied by the applicant that a charge sheet was served on him under Rule -16 of CCS (CCA) Rules on 07.02.2003 which culminated in award of penalty of censure to him on 06.06.2003. During this period a DPC was held on 13.03.2003 for promotion from the post of JAO to AAO. Under the existing instructions of DoPT cases of officers under cloud needed to be considered and recommendations of DPC regarding such officers was to be kept in a sealed cover. The contention of the applicant is that these instructions were not followed in his case and his case was not considered by the DPC at all. He is, therefore, praying that a fresh DPC be conducted.