CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI Reserved on: 03.09.2025 Pronounced on:__.12.2025 Hon’ble Mr. R.N. Singh, Member (J)

Hon’ble Mr. B. Anand, Member (A)

Suhail Fasih S/o Late (Sh.) Fasih Uddin R/o 510, Asia House, Kasturaba Gandhi Marg New Delhi – 110001.

(By Advocates: Mr. M.C. Dhingra, Sr. Advocate with Mr. Tashriq Ahmad, Mr. Shahid Anwar, Ms. Farzeen Iqbal, Mr. Arvind Kumar Singh and Mr. Mahender Rao VERSUS

1. Union of India Through Secretary Ministry of Electronics & IT Electronics Niketan CGO Complex, Lodhi Road New Delhi – 110003.

2. Director General National Informatics Centre, HQ A-Block, CGO Complex, Lodhi Road New Delhi – 110003.

3. The Secretary Department of MSME Chairman Representation Committee Room No. 169, Udyog Bhawan, Rafi Marg New Delhi – 110011.

…Respondents (By Advocate: Mr. Hanu Bhaskar)

ORDER Hon’ble Mr.B.Anand, Member (A):

By way of filing of this Original Application (O.A.) under Section

19 of the Administrative Tribunals Act, 1985, the applicant seeks the following relief(s):

“(i) Direct the respondents to produce entire record of the proceedings of Review Committee meeting & documents relief upon.

(ii) Direct the respondents to produce entire record of the Representation Committee with regard to representations dated 31.10.2023, 06.11.2023 & 05.08.2024 against impugned order dated 11.08.2023.

iii) Direct the respondents to produce recommendation of Internal Committee/SOP of Department of Electronics & IT as regards to premature retirement of the applicant in the interest of justice and quash the same.

(iv) Quash and set aside the impugned order dated 11.08.2023 and further command and direct the Respondents not to adversely affect applicant in any manner in pursuance to the impugned order and restore applicant to his original position in the cadre without any brake in service with all consequential benefits like pay, perks, status, promotions and arrears thereof and interest therein treating the period as on duty;

(v) Quash and set aside the impugned order dated 07.11.2024 in the interest of justice.

(vi) Grant any other relief/s, which this Hon’ble Tribunal deems fit and proper in the facts and circumstances of the case to the applicant.

(vii) Award cost of the instant lis to the applicant.”

Facts in a Nutshell:-

2. The undisputed brief factual matrix of the case as could be ANJALI gleaned from the records is that the applicant was initially recruited 05'30' in the National Informatics as a Scientific Officer ‘SB’ and was appointed as District Informatics Officer (DIO) on 21.01.1997. He continued in his career and progressed to the position of Scientist B in 14.01.2004 and thereafter, was promoted to the post of Scientist C and Scientist D on 03.03.2010 and 01.01.2015 respectively. In the year 2010, the respondents introduced a new policy of MFCS (Modified Flexible Complementing Scheme) of promotion Group A Officers for Science and Technology Departments/Organizations effective from 01.01.2011 onwards. The applicant claims that due to qualifications related issues the respondents had not convened reviews for promotions of Science and Technology officers through MFCS and therefore, the MFCS scheme which was to have been implemented from 01.01.2011 onwards could not be implemented in a timely manner. The applicant is an office bearer of AINOA (All India NIC S&T Officers Association), which was formed in the year 2014 to lobby with the respondents and ensure timely implementation of MFCS among other demands. The applicant claims that being an office bearer of AINOA and an active member of the same the applicant used to participate in gatherings/protests and agitate to implement the MFCS and alleviate stagnation among Science and Technology officers. The applicant claims that the respondents were aggrieved by the aggressive attitude of the applicant in agitating service related promotional issues of fellow colleagues and had issued three transfer orders on 16.02.2016, 26.02.2016 and 14.03.2016 resp