UNION OF INDIA AND OTHERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) Union of India and others have filed this petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 15.05.2012 (Annexure P3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') vide which O.A. No.112/PB/2012 filed by respondent No.2 was allowed and the petitioners were directed to implement the order of promotion dated 17.11.2011 (AnnexureA-1) forthwith.

(2.) We have heard the learned counsel for the petitioners and gone through the impugned order as well as the documents annexed with the Original Application.

(3.) In the present case, vide order dated 17.11.2011, respondent No.2 along with others was promoted in Postal Service Group 'B' Grade on regular basis on the recommendations made by the Departmental Promotion Committee with effect from the date of assumption of charge and until further orders. By the same order, the promoted officials were allotted different Circles for their posting purpose. Before respondent No.2 could assume the charge, disciplinary proceedings were contemplated against him under Rule 16 of the CCS(CCA) Rules, 1965 vide Memo dated 23.11.2011 (Annexure A3). Due to the said development, the petitioners withheld the promotion of respondent No.2 in view of Clause 7 of the Instructions dated 14.09.1992. Thereupon, respondent No.2 filed the aforesaid Original Application challenging the action of the petitioners.