Administrative errors in promotion evaluations can be rectified according to due process, and promotions based on such errors are deemed invalid.

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):-

The applicant in O.A. No.556/2022 and respondent-5 of O.A. No.401/2022 is same person.

2. Heard Shri Ashish Srivastava assisted by Shri Sunil, learned counsel for the applicant and respondent-5 in person in Original Application No.401/2022, Shri Santosh Kumar Kushwaha, learned counsel appeared for the applicant in O.A. No.556/2022 and Shri Manoj Kumar Sharma, learned counsel for the official respondents in both the cases.

Original Application No. 401/2022

3. The Original Application No. 401/2022 under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

I. This Tribunal may be pleased to quash the impugned order dated 02.05.2022 passed by respondent-2.

II. This Hon’ble Tribunal may be pleased to direct the respondents to allow the applicant to continue on his post of Assistant Material Manager.

III. Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case, may be given in favour of the applicant.

4. The Original Application No.556 of 2022 has been filed by the applicant (hereinafter referred as ‘Respondent-5’) for the following reliefs:-

(i) This Hon’ble Tribunal may be pleased to quash the part concerned of cancellation of the whole examination from the Pre-qualifying stage of the impugned order dated 02.05.2022 passed by respondent-2.

(II) This Hon’ble Tribunal may be pleased to pass an order/orders to vacate the stay order dated 12.05.2022 regarding stay of Shri Akhtar Raja as AMM and further also pass the order/orders for the recovery of financial gain and accessed financial gain in terms of other facilities availing by Shri Akhtar Raja as given by the Department on ab initio void promotion as Assistant Material Manager.

(iii) This Hon’ble Tribunal may be pleased to pass an order/orders/direction to respondent to promote the applicant to the post of AMM which got vacant by revertion of unfit candidate Shri Akhtar Raja.

(iv) Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case, may given in the favour of the applicant.

Facts of the cases:-

5. The brief facts of the case as narrated in Original Application No.401/2022 is that the respondent-3 issued a Notification dated 23.10.2020 notified one unreserved post of Assistant Material Manager Group-B against 30 % quota vacancy for Stores Department. As per the Notification, a candidate working in the pay band of PB-2 (9300-34800/- +Grade Pay of Rs.4200) and above with five years of non fortuitous service in the grade would be eligible to appear in the selection. As per Railway Board Letter dated 19.03.2019, the aforesaid selection has to take place in Pre-qualifying written examination and main written examination and also the candidate securing 75% and above in the Pre- qualifying shall be eligible to appear in the main examination and number of candidate should be restricted five times of number of vacancies in order of merit and the main examination will be of descriptive paper on professional subject. In view of the above, the applicant as well as respondent-5 submitted their application for promotion by way of the aforesaid examination.

5.1 As per the Notification/Scheme, the candidates securing merit in pre qualifying examination would became e