STATE OF M. P. Vs. HARISINGH SHEKHAWAT

JUDGEMENT

(1.) THE State of Madhya Pradesh being aggrieved by order dated 21.12.2001 passed by the Central Administrative Tribunal, Jabalpur (in short 'the Tribunal') in OA No. 363/99 has filed this petition being aggrieved by the directions issued by the Tribunal to the State and the Union of India to notify the respondent to the Indian Administrative Service from the date his junior was notified in the year 1998 with all consequential benefits.

(2.) THE only ground on which the petitioner has assailed the impugned order of the Tribunal is that the directions issued by the Tribunal could not have been issued in view of the fact that the respondent whose name was included provisionally in the select list was not made 'unconditional' by the commission within 60 days in terms of the first proviso to Regulation 7 (4) of the Indian Administrative Services (Appointment by Promotion) Regulation, 1955.

(3.) BEING aggrieved by this fact, the respondent No. 1 approached the Tribunal alleging that the very initiation of the departmental proceedings and the paticular time at which it was initiated and ultimately dropped on the face of it demonstrated that it had been initiated only with the mala fide intention of depriving the respondent of his legitimate right and to give undue favour to respondent No. 4. The claim of respondent No. 1 was resisted on the ground that his name could not be notified due to pendency of the departmental inquiry and by the time the inquiry was dropped, the validity of the select list expired on 31.12.1998. It was also submitted that the fitness certificate could not be issued due to pendency of the departmental inquiry, as a result of which, the respondent's name could not be made unconditional and final within the validity period of the list. It is pertinent to note the fact that respondent No. 1 was again selected in the subsequent DPC and was notified to the IAS on 13.1.2000 and that the Tribunal had passed an interim order to keep one promotional post of the select list of the year 1998 vacant.