S N SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the instant writ petiton, the petitioner has beseeched to quash and set-aside the order dated 11th August, 2011, whereby the Central Administrative Tribunal, Jaipur Bench (here-in-after to be referred to in short as Tribunal ) dismissed Original Application No. 362/2010, wherein the petitioner-applicant beseeched for direction to be issued to the respondents to promote him as Superintendent Group-B on regular basis with all consequential benefits with effect from September, 2002.

(2.) Skipping unnecessary details, the facts necessary for the disposal of the instant writ petition succinctly stated are that the petitioner was working as Inspector in the Central Excise and Customs. On 18/19th July, 2002, a Meeting of Departmental Promotion Committee (DPC) was convened for promotion to the post of Superintendent Group-B from amongst Inspectors for filling up 124 vacancies including 118 new additional posts, for the vacancy of the year 2002-2003. The petitioner was duly considered by the DPC. Since the Commissioner had accorded sanction for prosecution against the petitioner for a criminal charge on 27th June, 2002, the findings in respect of the petitioner were kept in a sealed cover by the said Departmental Promotion Committee held on 18/19th July, 2002.

(3.) A representation dated 29th May, 2003 was submitted by the petitioner for his promotion to the grade of Superintendent Group-B and the same was disposed of vide letter dated 8th September, 2003. Aggrieved and dissatisfied with the letter/order dated 8th September, 2003, the petitioner filed OA no. 393/2004 before the Tribunal. The Tribunal allowed the OA and the impugned order dated 8th September, 2003 was quashed and set-aside and the respondents were directed to act on the recommendation of the Departmental Promotion Committee held on 18/19th July, 2002 so far as the petitioner was concerned and if found fit, he could be promoted to the grade of Superintendent group-B from retrospective date when his junior was promoted with effect from 23rd September, 2002 with all consequential benefits including arrears of pay and seniority. Pursuant to this order dated 9th May, 2005 rendered in Original Application No. 393/2004, the matter was examined and it was found that the case of the petitioner fell within the purview of para 7 of DOPT O.M. dated 14th September, 1992 and Establishment order dated 8th June, 2005 was issued mentioning the relevant instructions therein. The petitioner challenged para 7 of OM dated 14th September, 1992 by way of filing second Original Application No. 401/2005. Thereafter the petitioner filed third Original Application No. 353/2008 and the Tribunal adjudicated the said OA and remitted the case to the respondents directing them to hold the review DPC and assess the suitability of the petitioner for the post of Superintendent Group-B keeping in view the instructions of the DOPT OM dated 14th September, 1992.