U C PANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. K. Luikham,learned Counsel, appearing for the Petitioner. Also heard Mr. T.B. Jamir, learned CGC, appearing for the Respondent Nos. 1 to 3. None appears for the private-Respondent Nos. 4 and 5.

(2.) The above, mentioned two writ petitions, filed by the same Petitioner, involve same question of law and facts and the parties are represented by the same set of Advocates.

(3.) The writ Petitioner, on being selected by the Union Public Service Commission, joined the Border Road Organization, on 31.10.1982, as a Medical Officer Grade-I and he was posted at the Head Quarters, Chief Engineer(P), Sewak (GREF), C/O 99 APO, Dimapur, Nagaland. On the basis of his selection and appointment, he was senior to the private Respondent Nos. 4 and 5. Subsequently, the Petitioner obtained the P.G. Diploma in Public Health and he was deputed for foreign service in 1997 and accordingly he was posted in Bhutan in 19 BRTF as Senior Medical Officer (SMO). According to the Petitioner, during the tenure of his foreign service, he was discharging the duty of Deputy Chief Medical Officer (DCM) and as per the seniority list prepared and published by the Department, in October, 2002, the Petitioner's name was placed at Sl. No. 3 i. e. above the private Respondent Nos. 4 and 5. On 25.10.2002, a meeting of the Departmental Promotion Committee (hereinafter called 'the DPC) was held for consideration of promotion of the Medical Officer Grade-I to the post of Deputy Chief Medical Officer and the said DPC, superseding the Petitioner, promoted the Respondent Nos. 4 and 5. As the Petitioner was not furnished with any reason regarding supersession by his juniors, he had submitted representations, on 12.11.2002, 27.12.2002 and May, 2003. In response to the said representations, the Respondent-authority, by letter, dated 10.03.2003, informed the Petitioner that the DPC did not find the Petitioner fit for promotion to the post of Deputy CMO. As the Petitioner was superseded by his juniors, without any communication regarding the remarks in his AC Rs, the Petitioner being aggrieved has approached this Court by filing writ petition No. W. P. (C) No. 32(K) of 2004, seeking a direction for setting aside the result published by the DPC, held on 25.10.2002, and the communication, dated 10.03.2003 aforesaid.