PRAFULLA KUMAR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE unsuccessful applicant before the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.601 of 2009 has filed this writ application challenging the order dated 23 rd September 2010 passed by the Tribunal in the said Original Application.

(2.) THE petitioner, who was applicant before the Tribunal, entered into service as Assistant Conservator of Forests in Group -B cadre on 10.2.1982 after completing two years of training in Forestry and Allied subjects from the State Forest Officers Training College at Coimbatore after being selected through O.P.S.C. during the year 1980 - 1982. After serving for about 22 years in Group -B cadre, the petitioner was promoted to O.F.S. Class -I rank vide Notification dated 3.6.2004 having been selected by the Departmental Promotion Committee for such promotion. Further case of the petitioner is that the Selection Committee met on 31.12.2008 for preparation of year -wise list of State Forest Service Officers suitable for promotion to the Indian Forest Service under Regulation -3 of the Indian Forest Service (Appointment by promotion) Regulations, 1966. The Selection Committee had not met for the promotion against the vacancies occurring in 2004, 2005, 2006, 2007 and 2008. When the Selection Committee considered the officers for promotion to I.F.S. in the year 2008, they prepared a yearwise list and in the said select lists, name of the petitioner found place at serial no.4 for the year 2004, serial no.2A for the year 2005 and serial no.0B for the year 2007. The said select lists for the above years were approved by U.P.S.C. on 30 th April 2009 but selection of the petitioner was kept as provisional. Selection of the petitioner was kept provisional because of pendency of a disciplinary proceeding against him in the year 2008. According to the petitioner, when the vacancies are considered year -wise, name of the petitioner should have been considered for promotion in the year 2004 his name having been found at serial no.4 in the select list of the year 2004. There was no departmental proceeding pending against the petitioner in the year 2004 and only in June 2005, a proceeding was initiated. Therefore, case of the petitioner in brief is that he having been selected by the Selection Committee for promotion to I.F.S. for the year 2004 when no departmental proceeding was pending against him, he should have been promoted to I.F.S. cadre with effect from the year 2004 and his selection could not have been made provisional because of pendency of a departmental proceeding. It was also contended by the learned counsel for the petitioner that even though the proceeding wasinitiated in the month of June 2005, the same has not been concluded till today and selection of the petitioner to I.F.S. cadre continues to be provisional. With this background of the case, the petitioner had approached the Tribunal for a direction to the opposite parties to promote him to I.F.S. cadre from the year 2004. The stand of the opposite parties before the Tribunal was that when the Selection Committee considered the case of the petitioner, a departmental proceeding was pending against him and, therefore, even if he was found suitable for promotion in the year 2004, his selection to I.F.S. was kept provisional because of pendency of a departmental proceeding.

(3.) THE Tribunal in the impugned order held that the date on which the Selection Committee convened the meeting and found the petitioner suitable for promotion to I.F.S. cadre, a departmental proceeding was pending against him and, therefore, he cannot claim promotion from the year 2004 merely because in the said year no departmental proceeding was pending against him. With the above finding, the Tribunal having dismissed the Original Application, this writ application has been filed.