Right to promotion consideration is fundamental; provisional select list inclusion entitles notional promotion post-disciplinary clearance despite retirement.

Mr. J.Pal, Counsel for State PRAMOD KUMAR DAS, MEMBER (A):

It may be noted that promotion from State Forest Service (SFS) to Indian Forest Service (IFS) is governed by Indian Forest Service (Appointment by Promotion) Regulations, 1966 [in short Regulations, 1966]. In the said Regulations, 1966, the procedure for promotion to IFS like, determination of vacancies for a particular select year, preparation of forwarding of proposal by concerned State Govt. to UPSC, holding of Selection Committee Meeting by UPSC, Concurrence of Minutes, notification of select list approved by the UPSC, formal proposal for concerned State Govt. for appointment of IFS and issue of appointment have been dealt into.

2. Admittedly, in exercise of the powers contained in Sub Regulation 3 of Regulation 7, the UPSC approved the select list of officers of State Forest Service of Odisha Cadre for promotion to Indian Forest Service for the year 2008-A to 2014 and, accordingly, order dated 06.04.2018 was issued by the Govt. of India, Ministry of Environment, Forest and Climate Change, New Delhi in which the name of the applicant (Sri Trilochan Debata) was included in the select list 2008-A at Sl. No. 8 provisionally subject to clearance in disciplinary proceedings pending against nd him and grant of integrity certificate by the State Govt. As per 2 proviso to Regulation 5 (4) of Regulations, 1966, his name was also shown in addition to the size of select list of subsequent years 2009, 2010, 2011, 2012, 2013 and 2014 with condition that the inclusion of his name is provisional subject to clearance in disciplinary proceedings pending against him and grant of integrity certificate by the State Govt.

3. It is the case of the applicant that disciplinary proceedings was initiated against him under Rule 15 of Odisha Civil Services (CC&A) Rules, 1962 vide Memorandum dated 29.10.2014. The proceedings so initiated ended with imposition of punishment of withholding of promotion for one year vide order dated 09.05.2017. While the matter stood thus, he retired from SFS in the afternoon of 31.10.2017. On 06.04.2018 order was issued by the Govt. of India, Ministry of Environment, Forest and Climate Change, New Delhi wherein his name was included in the select list 2008-A at Sl. No. 8 provisionally subject to clearance in disciplinary proceedings pending against him and grant of integrity certificate by the State Govt. Vide order dated 03.05.2018, the order of punishment of withholding of promotion for one year was converted to withholding of 10% of his pension for a period of one year. Thereafter, in terms of Rule 8 of IFS (Recruitment) Rules 1966, read with Sub Regulation 1 of Regulation 9 of Indian Forest Service (Appointment By Promotion) Regulations, 1966, 13 SFS officers, whose names were included in the list published on 06.04.2018, were promoted to IFS of Odisha Cadre under Sub Rule 1 of Rule 5 of Indian Forest Service (Cadre) Rules, 1966 vide Notification dated 17.05.2018. On 27.03.2019, he submitted representation to Govt. of India and UPSC requesting to promote him to IFS since the disciplinary proceedings initiated against him has been finalized meanwhile. According to him, S/Sh Haramohan Maharatha (OA 329/2018); Raj Kishore Sahoo (OA 330/2018); Anil Kumar Dash (OA 331/2018); and Rohit Kumar Singh (OA 332/2018), whose names were also included in the in the order dated 06.04.2018 as SFS Officer for promotion to IFS, but could not be promoted had approached before this Bench and, finally, by the common order of this Bench dated 04.12.2019 in OA Nos. 329, 330, 331 and 332 of 2018, they were promo