Sh. P.N. Sharma, Assistant (E) Vs. Union of India (Uoi) Through the - Court Judgment

Excerpt:
2. applicant, who seeks promotion to the grade of assistant accounts officer assails his non-promotion alleging mala fides against the respondents and also promotion of his juniors, which is in violation of articles 14 and 16 of the constitution of india.3. applicant in this case seeks holding of a review d.p.c. and consideration for promotion with all consequential benefits.4. after completion of pleadings, learned proxy counsel for respondents produced before us a copy of the order dated 10.4.2006 communicating that a review dpc was held on 14.2.2006 for the vacancy year 2005-2006 and has adjudged the applicant as not fit because he has adverse remarks in his acrs for the years 2002-2003 and 2003-2004.5. on the other hand, learned counsel for the applicant states that whereas the acrs for the aforesaid period should have been communicated in time, the same have been communicated after holding the original dpc against which representations are pending, the original dpc as well review dpc considered these remarks which is against the rules.6. on careful consideration of the rival contentions of the parties, we are apprised at bar that against the adverse acrs for the aforesaid period, the applicant preferred a detailed representation, which is still pending with the respondents. we also find that once the review dpc has taken place on 14.2.2006, any adverse material against which a representation is pending would not be taken into consideration, more particularly any adverse remarks against the person while considering him for promotion, which is not according to the rules and instructions.7. in the result, for the foregoing reasons, we dispose of this oa with a direction to the respondents that if they had received the representations made by the applicant against adverse remarks communicated to him for the years 2002-2003 and 2003-2004, the same shall be considered by the representing authority within a period of two months from the date of receipt of a copy of this order and shall be disposed of by passing a detailed and speaking order. we also direct that subject to the final outcome of the representation, the respondents shall also hold a review dpc to consider the claim of the applicant for promotion. in that event if he is found suitable in accordance with the rules and law on the subject, he shall be accorded all the benefits at par and from the date his juniors had been accorded. if the applicant is still aggrieved, it shall be open for him to take appropriate proceedings in accordance with law. no costs.

Judgment:
2. Applicant, who seeks promotion to the grade of Assistant Accounts Officer assails his non-promotion alleging mala fides against the respondents and also promotion of his juniors, which is in violation of Articles 14 and 16 of the Constitution of India.

3. Applicant in this case seeks holding of a review D.P.C. and consideration for promotion with all consequential benefits.

4. After completion of pleadings, learned proxy counsel for respondents produced before us a copy of the order dated 10.4.2006 communicating that a review DPC was held on 14.2.2006 for the vacancy year 2005-2006 and has adjudged the applicant as not fit because he has adverse remarks in his ACRs for the years 2002-2003 and 2003-2004.

5. On the other hand, learned Counsel for the applicant states that whereas the ACRs for the aforesaid period should have been communicated in time, the same have been communicated after holding the original DPC against which representations are pending, the original DPC as well review DPC considered these remarks which is against the rules.

6. On careful consideration of the rival contentions of the parties, we are apprised at Bar that against the adverse ACRs for the aforesaid period, the applicant preferred a detailed representation, which is still pending with the respondents. We also find that once the review DPC has taken place on 14.2.2006, any adverse material against which a representation is pending would not be taken into consideration, more particularly any adverse remarks against the person while considering him for promotion, which is not according to the rules and instructions.

7. In the result, for the foregoing reasons, we dispose of this OA with a direction to the respondents that if they had received the representations made by the applicant against adverse remarks communicated to him for the years 2002-2003 and 2003-2004, the same shall be considered by the representing authority within a period of two months from the date of receipt of a copy of this order and shall be disposed of by passing a detailed and speaking order. We also direct that subject to the final outcome of the representation, the respondents shall also hold a review DPC to consider the claim of the applicant for promotion. In that event if he is found suitable in accordance with the rules and law on the subject, he shall be accorded all the benefits at par and from the date his juniors had been accorded. If the applicant is still aggrieved, it shall be open for him to take appropriate proceedings in accordance with law. No costs.