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Central Administrative Tribunal
Principal Bench, New Delhi
O.A.No.3950/2016
Thursday, this the 20th day of December 2018
Hon’ble Mr. Justice L. Narasimha Reddy, Chairman
Hon’ble Mr. K.N. Shrivastava, Member (A)
Bhawani Prasad Lal Das
Aged about 56 years
Son of late Shri Panchanan Lal Das
Resident of Flat No.E-1, Beena apartment
Chandra Vihar Colony, Dhanbad, Jharkhand
..Applicant
(Mr. Sarasani Satyam Reddy, Senior Advocate and
Mr. Ajit Kulshreshtha, Mr. Anupam Lal Das and
Mr. Anurudh Singh, Advocates with him)
Versus
1. The Union of India
Through the Department of Personnel & Training
Govt. of India, North Block, New Delhi
2. The Union Public Service Commission
Through its Secretary, Dholpur House
Shahjahan Road, New Delhi – 110 001
3. The State of Jharkhand
Through the Chief Secretary
Govt. of Jharkhand
Project Bhawan, HEC Township, Dhurwa
Ranchi, Jharkhand
4. The Principal Secretary
Personnel Administrative Reforms &
Rajbhasha Department
Govt. of Jharkhand
Project Bhawan HEC Township, Dhurwa
Ranchi, Jharkhand
..Respondents
(Mr. Y P Singh, Advocate for respondent No.1,
Mr. Ravinder Aggarwal and Mr. Lekh Raj Singh, Advocates for
respondent No.2 and
Mr. Devashish Bharuka, Advocate for respondent Nos. 3 & 4
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O.A.No.3950/2016
O R D E R (ORAL)
Mr. K.N. Shrivastava:
Through the medium of this O.A. filed under Section 19 of
the Administrative Tribunals Act, 1985, the applicant has
prayed for the following main reliefs:-
“8
(a) For a direction to the Respondent No. 2, Union
Public Service Commission, after calling for the
records of the case, to hold a review Selection
Committee meeting and consider the case of the
Applicant afresh for promotion to the Indian
Administrative Services against a vacancy for the
year
2010 under
the
provisions
of
IAS
(Appointment by Promotion) Regulations, 1955 in
view of the fact that he has all “outstanding” ACR‟s
and fraudulently and malafidely his un-expunged
ACR entries (for 5 months) was conveyed to the
UPSC by the Respondent Nos. 3 and 4, State of
Jharkhand; and
(b)
For issuance of an appropriate direction to the
Respondent Nos. 1, 3 and 4 to grant all
consequential benefits, monetary or otherwise,
including seniority from the date of his entitlement,
in case the Applicant is found suitable for
promotion to the cadre of IAS, by Respondent No. 2,
UPSC and to prepare a fresh seniority list,
thereafter; and
(c)
For issuance of an appropriate direction
quashing
and
setting
aside
the
recommendation/grading
of
the
Selection
Committee of Respondent No. 2, UPSC, qua the
Applicant in its meetings held on 06.11.2013 and
continued on 23.05.2014; and
(d)
For issuance of an appropriate direction
quashing
and
setting
aside
the
recommendation/grading of the Review Selection
Committee of Respondent No. 2, UPSC, qua the
Applicant in its meeting held on 06.10.2016.”
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O.A.No.3950/2016
2. The factual matrix of the case, as noticed from the
records, is as under.
3. The applicant joined State Civil Service (SCS) of Bihar
Government on 01.01.1987 as Deputy Collector through a
recruitment process conducted by the Bihar Public Service
Commission (BPSC). After the bifurcation of the Bihar State
into two parts, i.e., Bihar State and Jharkhand State, the
applicant was allocated to Jharkhand State and, thus, became a
member of Jharkhand Administrative Service (JAS). Vide its
Annexure A-3 order dated 24.11.2003, the Jharkhand State
Government published the seniority list of JAS officers, in
which the applicant‟s name figures at Sl. No.430.
4. As per the scheme of Indian Administrative Service (IAS),
there is a quota prescribed for induction of officers of SCS into
IAS. As per the provisions of All India Services Act, 1951 and the
Recruitment Rules formulated under the Act for IAS, the IAS
(Appointment by Promotion) Regulations, 1955 have been
framed. In accordance with these Regulations, a Select
