PER URMITA DATTA (SEN), MEMBER (J):

In this instant application filed under Section 19 of the

Administrative Tribunals Act, 1985, the applicant is seeking

following relief(s):-

“8.1 Direct the respondents to promote the

applicant w.e.f. the date when the other

selected candidates got benefit of such

promotion pursuant to the select list dated

09-08-2016 with all consequential benefits

of pay, seniority etc.

8.2 Cost of the application.

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8.3 Pass

any

such

order/orders

as

Your

Lordships may deem fit and proper.”

2.

As per the applicant, he was initially appointed

as Branch Post Master (BPM in short) at Basugaon Sub Post

Office on 05.09.2011 and presently he is posted as such in

Bilasipara Sub Officer. According to the applicant, he

appeared in the Lower Grade Official Examination, 2016,

which was held on 31.07.2016 for the promotion to the

cadre of PA&SA and was found successful in the

examination.

The

Superintendent

of

Post

Offices,

Goalpara Division published the select list on 09.08.2016,

whereby along with five other selected candidates,

applicant was also declared qualified for promotion.

Pursuant to the said select list dated 09.08.2016, all the

selected candidates except the present applicant got

the benefit of such promotion, even two of them are

placed below the applicant in rank as per the said select

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list was promoted (as the applicant was empanelled

against Sl No.4 of the said select list). As per the applicant,

even the Sub Post Master, Bilasipara vide his letter dated

23.08.2016

to

the

Superintendent

of

Post

Offices,

Goalpara Division

had clarified that no

case of

loss/fraud/disciplinary/vigilance

case

is

pending/

contemplated against the applicant in Bilasipara Sub Post

Office. Therefore, as per the applicant, as he has been

already been selected on being found successful in the

aforesaid

examination

and

that

other

selected

candidates were already promoted vide letter dated

27.09.2016, by denying such promotion the applicant has

been meted out serious discrimination. Hence this OA.

3.

The respondents had filed their written statement

and denied that applicant was ever appointed as Branch

Post Master in any Sub Post Office and in fact he was

recruited as Postman at Basugaon Sub Post Office. It was

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submitted that though the applicant was declared

successful in the said examination 2016 and his name was

reflected in the select list dated 04.08.2016, as for the

purpose of promotion as per OM dated 02.11.2012

vigilance clearance is required while effecting promotion.

However, one criminal case was filed against the

applicant in the year 2015. Therefore, though the

applicant was declared selected as per circular dated

04.08.2016, in the same circular it was further clarified that

if

any

disciplinary/vigilance

case

is

pending/contemplated against any of the qualified

candidates, they should not be promoted without the

approval of the Circle Office, Guwahati. Further, letter

dated 09.08.2016 was issued by the Superintendent of

Post Offices, Goalpara Division, Dhubri for information and

intimation regarding any loss/fraud/disciplinary/vigilance

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case is pending/ contemplated against any of the

qualified candidates.

4.

In the meantime, on the basis of one public

complaint received from the Circle Office, Guwahati

vide

Memo

dated

12.08.2016,

the

Assistant

Superintendent of Posts (HQ), Goalpara Division was

directed to enquire into the matter and to submit report.

The Assistant Superintendent of Posts, (HQ), Goalpara

Division vide his letter dated 18.08.2016 intimated that a

police case is pending against the applicant at Gauripur

PS being No.22/2015(u/s 170/49/353 of IPC) dated

09.01.2015. He also intimated that applicant was arrested

by Gauripur Police and was in police custody from

09.01.2015 to 10.01.2015 and took bail on 10.01.2015. The

Inspector of Posts, Dhubri Sub Division vide his letter dated

29.08.2016 submitted a detailed police report and as per

the report submitted by the Superintendent of Police,

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