STATE OF M.P. Vs. SHRI SRIKANT CHAPHEKAR

JUDGEMENT

(1.) SPECIAL leave granted.

(2.) SRIKANT Chaphekar, Assistant Director, Town and Country Planning Office, Madhya Pradesh was considered along with other Assistant Directors by the Departmental Promotion Committee (DPC) on March 18, 1981 for promotion to the post of Deputy Director and was not found fit for promotion on the basis of his service record. It is not disputed that a person junior to him was promoted. Chaphekar was, however, promoted to the post of Deputy Director on January 24, 1986. He filed an application before the Madhya Pradesh Administrative Tribunal in November 1991 seeking promotion to the post of Deputy Director with effect from 1981 when a person junior to him was promoted. The Tribunal by its order dated February 21, 1992 allowed the application directing the State of Madhya Pradesh to promote him to the post of Deputy Director with effect from 1981 and to consider him for further promotion to the post of Joint Director from the date when the person junior to him was promoted. This appeal by way of special leave is by the State of Madhya Pradesh against the order of the Tribunal.

(3.) WE are of the view that the Tribunal fell into patent error in substituting itself for the DPC. The remarks in the annual confidential report are based on the assessment of the work and conduct of the official/officer concerned for a period of one year. The Tribunal was wholly unjustified in reaching the conclusion that the remarks were vague and of general nature. In any case, the Tribunal out stepped its jurisdiction in reaching the conclusion that the adverse remarks were not sufficient to deny the respondent his promotion to the post of Deputy Director. It is not the function of the Tribunal to assess the service record of a Government servant and order his promotion on that basis. It is for the DPC to evaluate the same and make recommendations based on such evaluation. This Court has repeatedly held that in a case where the Court/Tribunal comes to the conclusion that a person was not considered for promotion or the consideration was illegal then the only direction which can be given is to reconsider his case in accordance with law. It was not within the competence of the Tribunal, in the facts of the present case, to have ordered deemed promotion of the respondent.