LAWS(CA)-2014-7-51

ALOK KUMAR Vs. UNION OF INDIA

Decided On July 22, 2014
ALOK KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE two OAs were heard together and reserved for orders together and are, therefore, being disposed of through a common order. OA No. 3314/2012.

(2.) THE applicant of this OA is before this Tribunal challenging the revised Seniority List of Inspectors in Central Bureau of Investigation (CBI, in short) as on 01.10.2010, issued vide impugned Annexure A -1 dated 25.07.2012. The applicant had represented against that list, and his representation was rejected through the orders at Annexure A -2 dated 22.08.2012, which also the applicant has assailed.

(3.) THEREAFTER on the basis of the judgment and order dated 18.01.2011 in OA No. 3245/2009 D.M. Sharma vs. Union of India and dated 25.01.2011 in OA No. 1021/2010 Sunil Dutt vs. Union of India & Ors. pronounced by this Tribunal, a revised proposed Seniority List of Inspectors of Police in CBI was issued on 09/12.09.2011, and the name of the applicant in that list had been shown at Sl. No. 107. A number of representations were made by the affected Inspectors and Deputy Superintendents of Police (Dy. S.P.) against this revised proposed Seniority List, and the matter was examined by the respondent -department, and vide order dated 08.12.2011, it was decided to withdraw the said revised proposed Seniority List. The applicant has contended that with this, the Seniority List as on 01.01.2010 issued on 04.01.2010 stood restored. However, since the orders of this Tribunal dated 18.01.2011 in OA No. 3245/2009 D.M. Sharma (supra) had to be given effect to, further changes were required to be made in the Seniority List of Inspectors. At that time the applicant came to know about a third OA No. 1543/2012 Sandeep Kumar Sharma & Ors. vs. Union of India dated 27.07.2012 having been filed before this Tribunal by some deputationists, who had come on deputation from Central Industrial Security Force (CISF, in short) to the CBI, and had later been absorbed. Those absorbees had been claiming seniority from the time when they were promoted as regular Inspectors in their parent department. For doing so, they had challenged the order dated 08.12.2011, and the Seniority List of Inspectors in CBI as on 01.01.2010 issued on 04.01.2010.