STATE OF TRIPURA Vs. BRAJ MOHAN SINGHA

JUDGEMENT

(1.) This petition by the State of Tripura is directed against the order dated.26.11.2012 passed by the Central Administrative Tribunal, Gauhati Bench, Guwahati whereby it has allowed OA No.138/2011 of Respondent No.1 with a direction to consider his appointment to Indian Administrative Seruice from the date of notification dated 13.5.2011 with all consequential benefits.

(2.) Respondent No.1 was appointed in the Tripura Civil Seruice. In the year 2007, he also became eligible for appointment to Indian Administrative Service. He was however served with a charge-sheet on 28.11.2007. The Screening Committee constituted to make selection under the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 (in short "Regulations, 1955) in its meeting held on 31.12.2010 included the name of Respondent No.1 along with 9 (nine) other Tripura Civil Service Officers in the select list for appointment to the Indian Administrative Service. But since Respondent No.1 was facing a departmental enquiry, the State Government withheld the integrity certificate in respect of him. Later, the enquiry ended with a word of caution to Respondent No.1 vide order dated 19.1.2011. Respondent No.1 took this word of caution as adverse and punitive and challenged it by filing WP(C) 2261201t in the High Court wherein vide order dated 9.6.2011 operation of order dated 19.1.2011 was stayed. And on receiving notice, when the State Government clarified that the word of caution recorded in order dated 19.1.2011 does not amount to punishment, the writ petition was closed vide order dated 25.6.2012.

(3.) But before passing of order dated 25.6.2012, another charge-sheet had already been submitted against Respondent No.1 on 7.5.2011 in which he was also found guilty of the charges. Also because of the issuance of second charge-sheet to Respondent No.1 on 7.5.2011, the State Government withheld his Integrity Certificate. In the result, Respondent No.1 was not appointed to Indian Administrative Service vide notification dated 13.5.11 though 9 (nine) other Tripura Civil Service Officers were given appointment.