GURBACHAN SINGH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petitioner in this case impugns the order dated 3.5.2010 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), dismissing his Original Application No. 786-PB-2008, wherein a direction for his promotion in the rank of Assistant Director w.e.f. 26.7.2006, i.e. the date his juniors were promoted was sought.

(2.) The facts may be noticed briefly. The petitioner joined Ministry of Finance, Department of Revenue as a Clerk in the year 1971 and got various promotions including as Chief Enforcement Officer. He was charge-sheeted under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on 30.7.2003, inter alia alleging that while working as Chief Enforcement Officer (Administration) at the Zonal Office at Jalandhar, he issued a letter dated 11.11.1998, conveying to the Jalandhar Office that Ms. Alka Bhatia, who was employed as Stenographer Grade-III on daily wages may be allowed to continue even though Smt. Kusum, Stenographer in whose leave vacancy Ms. Alka Bhatia was appointed, had joined the duties. The letter dated 11.11.1998, was statedly issued by the petitioner "at his own level without seeking/obtaining permission of the Competent Authority". The aforesaid act of the petitioner, according to the respondents, amounted to his failure to maintain absolute integrity and devotion of duty.

(3.) During the pendency of enquiry proceedings initiated vide above-mentioned charge-sheet, the petitioner became due for promotion as Assistant Director w.e.f. 26.7.2006 when DPC was held and his case along with his juniors was considered for promotion. Since the petitioner was facing disciplinary action, the Department followed the practice of sealed cover duly approved by the Hon'ble Supreme Court in Union of India Vs. K.V. Jankiraman, 1991 4 SCC 109.