JITENDRA BAHADUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this OA filed under Section 19 of the Administrative Tribunal Act, 1985 the applicant seeks to issue orders directing the respondents Department for regularization of the applicant on the post of Executive Engineer (Civil) with effect from 30.03.2005 with all consequential benefits.

(2.) THE brief facts of the case are that the applicant was served a charge memo under Rule 16 of CCS (CCA) Rules, 1965 on 06.08.2001 when he was posted as Assistant Engineer (Civil) at Gonda. The applicant filed a detailed reply on 23.08.2001. A DPC was held in the year 2005 for regular promotion on the post of Executive Engineer (Civil) and number of juniors to the applicant were promoted on 30.03.2005 but the applicant could not be promoted. Inspite of many representations the department did not take any decision on the reply filed by the applicant against the charge memo and after lapse of 04 years they imposed a penalty of 'censure' vide order dated 20.09.2005 and due to this penalty he was not promoted alongwith his junior Shri Rajnish Sahgal. The applicant filed a Review Petition against the said penalty which was rejected vide order dated 18.10.2006. The applicant filed a Writ Petition before the Hon'ble Guwahati High Court in the year 2007 which was transferred to CAT, Guwahati Bench in the year 2009 due to lack of jurisdiction. The CAT Guwahati Bench dismissed the case vide order dated 02.08.2010. Aggrieved by the aforesaid order the applicant filed a Writ Petition No. 6211/10 before Guwahati High Court. Hon'ble Guwahati High Court vide order dated 06.12.2012 quashed the order dated 02.08.2010 passed by CAT, Guwahati Bench as well as order dated 20.09.2005 vide which the penalty of censure was imposed as well as the order dated 18.10.2006 passed by the Reviewing Authority. Hon'ble Guwahati High Court also directed the respondents to regularize the promotion of the applicant on the post of Executive Engineer (Civil) w.e.f. 30.03.2005. It has been submitted that the respondents have not complied with the order of Hon'ble Guwahati High Court and fixed a date of DPC on 10.06.2013 for promotion from the post of Executive Engineer (Civil) to Superintending Engineer (Civil) and kept the case of the applicant pending and promoted 45 other juniors who were 03 ' 04 batch junior to the applicant.

(3.) IN the counter reply filed on behalf of respondents No. 3 and 4 almost the same averments were reiterated as stated in the counter reply of respondents No. 1 and 2. It has further been reiterated that the matter has already been settled by the order dated 06.12.2012 of Hon'ble Guwahati High Court and there was no need to file the instant OA.