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2017 Supreme(Del) 287

SANJIV KHANNA, CHANDER SHEKHAR
UNION PUBLIC SERVICE COMMISSION – Appellant
Versus
KHETRABASI BISWAL – Respondent


Advocates Appeared:
For the Petitioner:Mr. Naresh Kaushik, Advocate
For the Respondent:Mr. G.K. Kaushik, Advocate, Mr. Sumant Bhushan, Advocate, Mr. Akshay Makhija, CGSC

JUDGMENT :

CHANDER SHEKHAR, J.

This writ petition is directed against the order dated 27.2.2014 in OA No. 3893/2012 passed by the Central Administrative Tribunal (hereinafter referred to as ‘CAT’), Principal Bench, New Delhi.

2. The main grievance of the petitioner is that the CAT, vide order dated 27.2.2014 in OA No.3893/2012, has directed the petitioner – Union Public Service Commission - to treat the Annual Confidential Report (‘ACR’) of the applicant for the year 2006-2007 as “Very Good” and promote the officer concerned without even asking for a Review Departmental Promotion Committee (‘DPC’). The CAT, it is asserted, had acted beyond its jurisdiction and there is an error in the decision-making process and the grading conferred as “Very Good”, is without any reason or justification.

3. The brief facts of the case are:

(a) The Respondent no.1- Khetrabasi Biswal was selected through an open selection conducted by the Petitioner and was appointed to the post of Assistant Legislative Counsel in Indian Legal Services, on 8.04.1999.

(b)The Respondent no.1 was promoted to the posts of Deputy Legislative Counsel (Grade III of the Indian Legal Service) on 20.8.2002.

(c) The Respondent no.1 w




































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