AMRESH CHANDRA SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners M/s Amresh Chandra Sinha, Pawan Kumar Shandilya, Suresh Kumar Sharma, Vikash Chandra and Sheo Shankar Prasad have challenged the decision of the Tribunal dated 19 May, 2000 in case no. O.A. 712 of 1997 : Amresh Chandra Sinha & Ors. V/s. The Union of India & Ors.

(2.) THE decision basically is on the aspect whether the stenographers were part of the process by which they were to be considered for promotion. In paragraph 7 of its decision the Central Administrative Tribunal refers to the communication of the Government of India to the effect that the Government of India did not exclude the stenographers from being considered for promotion to the upgraded posts. The issue whether the stenographers were part of the exercise to be considered for promotion to the posts of Inspectors apparently was not gone into in detail as the tribunal was of the opinion that neither party had furnished the recruitment rules and that anything which was decided was on the basis of submission of the parties. With respect to the tribunal, this the Court is of the opinion that here the tribunal was in error.

(3.) THUS , the petition succeeds in part and the matter is remitted to the Central Administrative Tribunal, Patna for examining the matter afresh in case No. O. A. 712 of 1997 : Amresh Chandra Sinha & Ors. V/s. The Union of India & ors. in the light of observations made in the order.