J S JAMWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by virtue of this petition has challenged three different notifications issued by the Union of India being Notifications No. 3/27/69 -AIS (IV) dated 25.8.1970, No. 5/12/72 -AIS (IV) dated 9.10.1973 and No. 17013/31/75 -AIS (IV) dated 12.8.1975, whereby different officers of the State Forest Service have been selected and appointed to the Indian Forest Service (IPS, for short). The brief facts reading to the filing of this petition are that the petitioner joined the J&K Govt. Service on 1.4.1955 as Asstt. Conservator of Forests. He was deputed for under going the Soil Conservation Course at Dehradun in the year 1958 -59 and on return he was promoted to the post of Deputy Conservator of Forests on 10,4.1959. His work and conduct having remained satisfactory, the Govt. released his efficiency bar with effect from 10.4.1959 i.e. the date from whish the same was due

(2.) IN the year 1956 the Indian Forest Service was constituted. The election for initial recruitment to the said service was conducted by a selection board from out of the officers serving in the Jammu and Kashmir cadre. This Board after considering the cases of all eligible candidates published list of selected officers vide notification No. 3/24/67 -AIS (IV) dated 9.7.1967. The petitioner also appeared in the said list as one of the candidates kept under consideration for being selected to the IFS. This notification was however challenged by Shri A K. Karaipak and a few other officers of the State Forest Service by a way of a writ petition before the Supreme Court, inter alia, on the ground that the selection was in violation of the principles of natural justice. The challenge to the selection ultimately proved successful with the result that the Supreme Court quashed the selection thereby necessitating a fresh selection for the initial recruitment to the IFS. On the basis of this fresh selection respondent No. 1. issued impugned notification No.

(3.) /27/69 -AIS (IV) dated 25.8.1970, which is the first of the three notifications questioned in the present petition. 3. The petitioners further case is that a second selection board was constituted for selection of State forest service officers for appointment to IFS by promotion somewhere in the year 1972,which board also proposed a list of the officers considered suitable by it resulting in the issuance of notification No.5/12/72 -AIS (IV) dated 9 10.1973 which is the second notification under challenge in the petition. The third selection was constituted in the year 1974 and like the first one, it prepared a list of selected candidates resulting in the issue of the third notification No. 17013/31/75 AIS (IV) dated 12.8.1975.In all the three notifications the petitioner even though considered was not selected either as an initial recruit to the service or for appointment by promotion. The petitioner has therefore, questioned all the three notification mainly on two grounds. First, that in all the three selections resulting in the issue of the impugned notifications the consideration of the petitioner -case for appointment as an initial recruit or as a promotee to the IFC vitiated by reason of the fact that the Board considered him unsuitable appointment on the basis of his annual confidential reports (ACRs, for short which though adverse to the petitioner were not conveyed to him before the same were considered against him. The principles of natural justice and the provision of Articles 14 and 16 of the constitution of India were thus grossly violated; and, secondly, that the selections and appointment of officers junior to the petitioner without recording any reason for petitioners supersession, was against the rules as required by Regulation 5 of the Indian Forest Service (Appointment by Promotion. Regulations.