The withholding of an integrity certificate by the State Government due to a pending departmental inquiry is a valid administrative action under the Indian Police Service (Appointment by Promotion) Regulations, 1955, and the court will not substitute its assessment for that of the DPC.

O R D E R

By Ms. Mallika Arya, AM

1. The applicant has filed this OA challenging the legality, validity and propriety in not providing the correct seniority to the applicant in the cadre of IPS. The applicant was inducted in the service as Deputy Superintendent of Police in the year 1982 as a direct recruitee. Since his seniority was not maintained in the State Police service he was compel to file OA No. 371/1997 before MP State Administrative Tribunal. The said OA was disposed on 10.03.1998 (Annexure A-1) with a direction to the respondents to maintain the seniority of the applicant on the basis of his date of appointment in accordance with the provisions of MP State Civil Services Rules 1961. In terms of the said order the applicant was required to be granted seniority below Shri R.P. Shrivastava (1982 batch) and above Shri M.S. Tomar (1983 batch). The applicant got promoted in the IPS cadre in 2005. The applicant was granted seniority in the State Police Service and the benefit of senior scale was given w.e.f. 01.01.1993. However, seniority of the applicant in the IPS cadre has not been re-casted, as a result of which, the juniors to the applicant are senior in the IPS cadre from 1993 whereas the applicant’s seniority has been fixed from 1997. During the process of promotion to the post of IPS, a faulty seniority list of 1996 was taken into account wherein the applicant was placed at Sl. No. 92. While considering the State Police Service Officers of the year 1982-83, the applicant could not get into the zone of consideration due to the faulty seniority list. Hence his juniors got promoted into the IPS over and above the applicant. The applicant was granted IPS cadre in the year 2005 w.e.f. 1997. Hence, in respect to the seniority issued by the Central Government for IPS Officers showing the position as on 01.09.1999 Shri R.P. Shrivastava (1982 Batch Officer) has been shown at Sl. No. 231 whereas a 1983 batch Officer Shri M.S. Tomar has been shown at Sl. No. 238. The applicant should have been placed in between Shri R.P. Shrivastava and Shri M.S. Tomar in the seniority list issued by the Central Government for IPS Officers. The Home Department had given favourable recommendation to the authorities detailing the correct facts in the matter. A copy of the reference dated 16.09.2013 is enclosed as Annexure A-3. Despite the reference of the State Government, UPSC (Respondent No. 1) vide letter dated November, 2014 (Annexure A-4) shifted the responsibility of assigning the correct seniority on the State Government. The applicant preferred a series of representations (Annexure A-5). However, no heed has been paid by the respondent authorities and they are sitting tight over the matter. Therefore, the applicant has prayed that he should be assigned the correct seniority in the IPS cadre. The respondents should be directed to re-fix the seniority at the appropriate stage above Shri M.S. Tomar with all consequential benefits.

2. Respondents have filed their reply wherein they have submitted that the applicant was recruited as DSP in 1982. His name was placed at Sl. No. 20 in the Gradation list issued on 01.04.1985. Shri M.S. Tomar was a direct recruit officer in the year 1983. He was placed at Sl. No. 23. Subsequently the Gradation list of 1996 was issued wherein the name of the applicant was placed at Sl. No. 92. The officers who were appointed with the applicant have been placed at Sl. No. 50 and 58 and Shri M.S. Tomar has been placed at Sl. No. 59. In light of the directions issued by this Tribunal in OA No. 633/1997 dated 10.03.1998 a Gradation list was issued on 02.04.1998 and the name of the applicant was duly considered. He was placed at Sl. N