UNION PUBLIC SERVICE COMMISSION Vs. BRAHMANANDA PATIR

JUDGEMENT

(1.) Heard Mrs. R. Borah, learned counsel for the petitioner. Also heard Mr. N. Nath, learned counsel appearing for the respondent No.1, Mr. K. Gogoi, learned Central Government counsel, appearing for the respondent No.2 and Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent No.3

(2.) This writ petition is filed by the Union Public Service Commission (UPSC) challenging the order dated 28.11.2019 passed by the Central Administrative Tribunal, Guwahati Bench, Guwahati in O.A. No.040/00152/2018, which was moved by the private respondent No.1. The case of the private respondent No.1, who is a Forest Officer in State Forest Service is that the Selection Committee was wrong in not recommending his name for promotion to the Indian Forest Services, i.e. IFS Cadre. The selection pertains to the year 2015. Since it is a promotion relating to an All India Service, the promotion exercise has to be done by the Public Service Commission, where a Selection Committee is appointed in terms of Regulation 3 of the Indian Forest Service (Appointment by Promotion) Regulations, 1966 (for short "1966 Regulations"). Regulation 3 to the said Regulations reads as under:-

(3.) Since the Selection Committee had not recommended the promotion of the private respondent No.1 for the year 2015, he had filed an O.A. No.040/00152/2018 before the Central Administrative Tribunal, Guwahati Bench, Guwahati, which was disposed of by the Tribunal vide order dated 28.11.2019 with directions to the UPSC to hold Review Selection Committee meeting within a period of 2(two) months from the date of receipt of a copy of the said order.