Point of Law: Service matter - Post of Commissioner of Income Tax - Promotion - Unless there is a strong case for applying Wednesbury doctrine or there are mala fides, courts and Tribunals cannot interfere with assessments made by Departmental Promotion Committees in regard to merit or fitness for promotion.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The prayers in O.P. (CAT) No. 285/2019 filed by the Union Public Service Commission (R4 in the O.A.) are as follows [See Page No. 21 of the paper book of the O.P.]:

“(a) Allow the present Original Petition (CAT).

(b) Issue a writ of certiorari and quash/set aside the Judgment and Order dated 08.03.2019 passed in O.A. No. 180/00119/2017.

(c) Pass such other order/orders as this Hon’ble Court may deem fit and proper.”

2. Being aggrieved by the same impugned final order of the Tribunal, the Union Government authorities have filed O.P. (CAT) No. 309/2019 with the following prayers [See Page No. 8 of the paper book of the O.P.]:

“...............to set aside Ext.P8 Order in O.A. No. 119/2017 dated 08.03.2019 of the Central Administrative Tribunal, Ernakulam bench, in the interest of justice.”

3. Heard Sri. Thomas Mathew Nellimmoottil, learned Standing Counsel for the Union Public Service Commission (UPSC) appearing for the petitioner in O.P. (CAT) No. 285/2019 as well the 2nd respondent in O.P. (CAT) No. 309/2019, Sri. B. Ramachandran, learned Central Government Counsel (CGC) appearing for official respondent Nos.2 to 4 in O.P. (CAT) No. 285/2019, Sri. P. Vijayakumar, learned Assistant Solicitor General of India (ASGI) appearing for the petitioners (Union Government Authorities concerned) in O.P. (CAT) No. 309/2019 and Sri. T.C. Govinda Swamy, learned counsel appearing for contesting respondent No. 1 (original applicant) in both the cases. Though notice process has been duly completed in respect contesting respondent Nos. 5 and 6 in O.P. (CAT) No. 285/2019, the said parties have not entered appearance. O.P. (CAT) No. 285/2019 filed by the UPSC is taken as the lead case and reference to exhibits will be on the basis of documents as marked in O.P. (CAT) No. 285/2019.

4. The prayers in the instant Ext.P-2 original application, O.A. No. 119/2017 filed by the 1st respondent herein (original applicant) are as follows [See Page No. 50 of the paper book of the O.P.]:

“(i) Call for the records leading to the issue of Annexure A1 and quash the same to the extent it excludes the name of the applicant and includes the names of the applicant’s juniors for promotion to the post of Commissioner of Income-tax.

(ii) Call for the records leading to the issue of Annexure A2 and quash the same to the extent it downgrades the applicant’s grading for the year 2011-12 from ‘Very Good’ to that of ‘Good’ in Para 9 (iv) of A2 and declares the applicant unfit for promotion to the post of Commissioner of Income-tax.

(iii) Direct the respondents to conduct a review DPC for promotion to the post of Commissioner of Income-tax for the panel year 2013-14 and direct the respondents to consider and promote the applicant with all consequential benefits from the date of promotion of the applicant’s juniors in Annexure A1.

(iv) Award costs of and incidental thereto.

(v) Pass such other orders or directions as deemed just and fit by this Hon’ble Tribunal.”

5. The original applicant belongs to Scheduled Caste community and he was initially appointed on the basis of direct recruitment to the Indian Revenue Service (IRS) of the 1991 batch. During the year in 2004, he was appointed as Additional Commissioner of Income Tax. The applicant and the other eligible candidates concerned were considered for promotion to the total 48 vacancies of Commissioner of Income Tax for the vacancy year 2013-14 by the Departmental Promotion Committee (DPC) in their meeting held on 19.11.2013. The case of the respondents in the O.A. is that as per the governing norms, the Annual Confidential Report (ACR)/Annual Performance Appraisal Reports (APARs) for the preceding five relevant previous years in this case were of the year 2007-08 to 2011-12. Annexure-A3 is the APAR for the period 2011-12. It is common ground that the competent authorities concerned have graded the applicant as ‘Very Good’ in the APARs for all the abovesaid five previous years in question (2007-08 to 2011-1