STATE OF M P Vs. M K DIXIT

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India by assailing the order dated 21.3.2005 passed by the Central Administrative Tribunal, Jabalpur Bench in Original Application No. 311/2004. By the aforesaid order the Tribunal had allowed the Original Application, quashed the proceedings of First Review Screening Committee dated 10.10.2003, decision thereon of the State Government the recommendations of the Second Review Screening Committee dated 30.1.2004, in so far as it relates to the respondent concerned and the decision thereon of the State Government. The Tribunal have further directed the petitioner herein to convene the meeting of D.P.C., to review the minutes of the D.P.C. which met on 9.10.2001 and if the respondent is found fit for promotion to the grade of Chief Secretary, then he should be promoted from the date his juniors were promoted and thereafter grant him all the consequential benefits flowing from the said promotion. The aforesaid directions were directed to be complied with within a period of three months from the date of receipt of the copy of the order.

(2.) This order has been assailed by the State mainly on the ground that the Tribunal had erred in setting aside the aforesaid orders, there was no material for setting aside the minutes of the Review D.P.C., and that down grading in ACR by the Accepting Authority as Very Good against the Reporting Authority's "Outstanding" was fully justified. It was submitted that the decision by the D.P.C., was fully justified and the Tribunal had erred in interfering in it.

(3.) Learned Counsel appearing for the respondent No. 1 has supported the order and submitted that the Tribunal has done justice in the matter. The respondent who was entitled for the post of Principal Secretary on 12.1.1994 and the post of Joint Secretary on 2.11.2001 was deprived with the said promotion The matter of the respondent was dealt with by the D.P.C., in a very prejudicial manner. The ACRs which were expunged were taken into consideration for depriving the respondent from promotion. The juniors of the respondent were promoted and he was deprived with the promotion and could not get due promotion till his retirement. It is a very hard case for the respondent who was entitled for his promotion during his service period, but was denied and now because of pendency of this matter the said benefit has not been extended. It is submitted that because of dragging the matter by the petitioner the respondent who happens to be a senior citizen aged 69 years old is still waiting for his fate. It is submitted that this petition may be dismissed by imposing a heavy cost on the petitioner.