UNION OF INDIA Vs. SANTOSH KUMAR SINHA

JUDGEMENT

(1.) THIS writ petition has been preferred by the Union of India through the Chairman, Railway Board, Ministry of Railway and some other Railway officials seeking quashing of order dated 18.7.2008 passed in O.A. No. 46 of 2008 by the Central Administrative Tribunal, Patna Bench (hereinafter referred to as the Tribunal').

(2.) AS appearing from the order of the Tribunal the facts lie in a narrow compass. The Railway authorities had initiated through a notification, selection for AEN Group "B" posts against 30% quota. A provisional panel of 11 persons was finalized by letter dated 13.12.2007. The size of panel and seniority of the candidates was stated to be provisional and the name of the applicant (respondent herein) was at serial no. 3. The candidates at serial nos. 2 and 3 were posted on the promotional posts vide orders dated 23.11.2007 and 3.12.2007 respectively. The respondent was subjected to a charge-sheet for major penalty and hence he was not posted on the higher post in view of Railway Board's guideline issued under letter no. E(D&A) 92 RG 6-149 (A) dated 21.1.1993 which has been annexed as Annexure-2 to the writ petition. A copy of the charge- sheet dated 22.1.2008 is annexed as Annexure-1 to the writ petition. Posting of persons lower to the respondent in the select list/panel was done by order issued on 28.1.2008. Aggrieved by action of the appellants in omitting to post him on the higher post the respondent preferred O.A. No. 46 of 2008 before the Tribunal and the same has been allowed by the impugned or dated 18 7 2008.

(3.) ON the aforesaid findings alone the writ petition would have been allowed but in fairness to learned Senior Counsel for the respondents I would like to bring on record his further submission to the effect that the respondent deserves to be promoted before persons below in the select list because of certain notings which suggest that proposal to promote 14 others including persons below the respondent in the select list was recorded on 16.1.2008 i.e. before issuance of charge- sheet dated 22.1.2008. The aforesaid contention cannot be accepted for the simple reason that various options and suggestions may be initiated through notings in the file but such notings cannot have the sanctity and status of decision of the competent authority till such decision is finally taken and the order is issued. The value of such notings in the file cannot be anything more than that of a suggestion of subordinate employees or may be even of concerned authorities which may or may not be ultimately accepted so as to result into a formal order, drafted and issued. The respondent cannot claim any benefit by raising the issue' of discrimination and violation of Articles 14 and 16 of the Constitution of India on the basis of date of such notings in the files.