Right to be considered for promotion is fundamental under Article 16; however, DPC's assessments are generally not amenable to judicial review unless proven arbitrary or mala fide.

ORDER :

Sanjay K. Agrawal, J.

1. Invoking the jurisdiction of this Court under Article 226 / 227 of the Constitution of India, the petitioner herein seeks to call in question legality, validity and correctness of the impugned order dated 31-1-2019 passed by the Central Administrative Tribunal (CAT), Jabalpur in Original Application No.200/00552/2018 titled as Sri Yogendra Babu Sharma v. Union of India and others, filed under Section 19 of the Administrative Tribunals Act, 1985, by which his original application calling in question the Review DPC proceeding dated 2-8-2016 and claiming other consequential reliefs, has been rejected by the CAT finding no merit.

2. Challenge to the above-stated impugned order has been made on the following factual backdrop: -

Relevant Facts: -

3. The petitioner herein joined with the Central Ground Water Board as Assistant Executive Engineer (Group-A) on 28-7-1993 through Union Public Service Commission (UPSC). He was subsequently appointed as Assistant Executive Engineer with effect from 28-7-1995 by notification dated 12-10-1998 and he was subsequently promoted as Executive Engineer (Group-A) with effect from 17-7-2003. In the meantime, respondent No.3 published seniority list of Executive Engineers as on 1-1-2012 wherein the name of the petitioner stood at serial No.3 after the names of Mr. A.N. Gunjkar & Mr. G.L. Meena, but above Mr. J.C. Borgohain at serial No.4.

4. Respondent No.2 convened the meeting of Departmental Promotion Committee (hereinafter called as ‘DPC’) on 15-5-2014 to consider the cases of eligible candidates for the promotional post of Superintending Engineer and accordingly, in its meeting considered the cases of eligible candidates including the petitioner herein and on due consideration by the UPSC, respondent No.1, on the recommendation of respondent No.2, passed an order on 11-6-2014 promoting three Executive Engineers namely Mr. A.N. Gunjkar, Mr. G.L. Meena & Mr. J.C. Borgohain, who is junior to the petitioner, on the post of Superintending Engineer (Group-A) on regular basis and thereby the petitioner was superseded on the post of Superintending Engineer (Group-A) finding him unfit for that post.

5. Feeling aggrieved and dissatisfied with the DPC proceeding dated 15-5-2014 superseding him on the post of Superintending Engineer (Group-A) and not promoting him on the post of Superintending Engineer, the petitioner herein filed O.A.No.2090/2014 before the CAT (Principal Bench), Delhi, stating inter alia that his performance was up to the mark and he had never received any adverse communication about the ACR and all his ACRs were on benchmark and there is no departmental enquiry / vigilance case either pending or contemplated against him and in that view of the matter, he was entitled to be considered and promoted on the post of Superintending Engineer (Group-A) which he has arbitrarily and illegally been deprived of and which is violative of his right under Article 14 of the Constitution of India, as right to be considered objectively and fairly on the promotional post is his fundamental right. The Principal Bench of CAT, Delhi by order dated 12-3-2015, disposed of the said OA filed by the petitioner herein directing the respondents (therein) to hold a Review DPC treating the ACR for the year 2007-08 as no ACR and in place thereof to consider the ACR for the year 2002-03 and further directed that the DPC should also consider the ACR for the year 2006-07 as it is there on record and give specific finding as to how it has been treated. The order dated 12-3-2