VIOLET BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. U.K. Nair, the learned counsel appearing for the petitioner. The respondent Nos.1 and 2 are represented by Mr. S.C. Keyal, the learned Asstt. Solicitor General of India. The Union Public Service Commission and the selection committee (respondent Nos.5 and 7) are represented by the learned counsel Ms. R. Borah. The learned Addl. Sr. Govt. Advocate, Assam, Mr. D. Nath appears for respondent Nos.3, 6 and 8. The learned Sr. counsel Mr. M.K. Choudhury together with Mr. T.N. Srinivasan, advocate, appears for the private respondent Nos.9, 11, 12, 14, 16, 17, 21, 23 and 24. The private respondent Nos. 19, 22, 25 and 26 are represented by the learned advocate Mr. R. Singha and the respondent No.13 is represented by Mr. B.N. Gogoi, the learned counsel.

(2.) The deprivation of promotion of the petitioner to the IPS cadre for the 2009A and 2010 batch, is the subject matter of the present litigation. The petitioner was within the zone of consideration during those occasions but as because, she was inflicted the penalty of censure, in pursuant to a disciplinary proceeding, the UPSC found her unfit for promotion, at both juncture.

(3.) But the penalty of censure, when challenged through the WP(C) No.4521/2010, was quashed by the High Court on 27.04.2012 (Annexure-7). Armed with the Court's verdict, the petitioner approached the Central Administrative Tribunal, (hereinafter referred to as the "Tribunal") for retrospective promotion from the date, when her batch mates and juniors were promoted. However the learned Tribunal rejected the O.A. No.171/201 Accordingly the aggrieved applicant has approached the High Court to challenge the Tribunal's order dated 20.01.2015 (page-176).