Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 2084/2020
This the16thday of December, 2020 (Through Video Conferencing) Hon'ble Mr. Justice L. Narasimha Reddy, Chairman Hon'ble Mr. Mohd. Jamshed, Member (A) Harish Chandra
Aged about 48 years
Post : PCS (Group A)
S/o Shri Khayli Ram
R/o 646, Arun Vihar, Sector-29
Noida, District-Gautam Budh Nagar
Uttar Pradesh-201301. ... Applicant (through Sh. Mahesh Srivastava, Advocate) Versus
1. Union of India Through its Secretary Ministry of Home Affairs North Block, New Delhi.
2. Union Public Service Commission (UPSC) Through its Secretary
Dholpur House, Shahjan road
New Delhi-110069.
3. State of UP Through the Chief Secretary Government of UP
Civil Secretariat, Lok Bhawan Lucknow. ... Respondents
(through Sh. Hanu Bhaskar for R. No. 1 and Sh. R.V. Sinha with Sh. Amit Sinha for R. No. 2, Advocate)
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ORDER (Oral) Justice L. Narasimha Reddy, Chairman:
The applicant is an officer of the State Civil Service of the State of Uttar Pradesh. By virtue of his seniority, he became eligible to be considered for promotion to IAS against the vacancy of the year 2018. It is stated that the Union Public Service Commission (UPSC) has also selected him. The applicant contends that two disciplinary proceedings were initiated against him and though the inquiry officers have submitted reports holding that the charges are not proved, the order of promotion is not being issued. It is also stated that a criminal case with similar charge is pending and it ought not to have come in the way of him being cleared for IAS. This OA is filed with a prayer to direct respondent no. 3 to implement the select list dated 15.05.2019, in so far as it related to him.
2. We heard Sh. Mahesh Srivastava, learned counsel for the applicant, Sh. Hanu Bhaskar, learned counsel for respondent no. 1 and Sh. R.V. Sinha, learned counsel for respondent no. 2.
3. It may be true that the applicant became eligible to be considered for promotion to IAS and the UPSC also examined his case. The fact however remains that even
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where an officer is otherwise found eligible to be promoted for IAS, the actual promotion takes place only when nothing adverse to him is found from the vigilance point of view. In the instant case, the applicant is facing two disciplinary proceedings and one criminal case. Though, at one stage, the inquiry officer in one of the proceedings is said to have submitted his report holding that the charge against the applicant as not proved, the disciplinary authority has ordered further inquiry. Whatever may be the reason, once the disciplinary and criminal proceedings are pending against him, the question of the applicant being promoted to IAS does not arise. In matters of this nature, the selection made would be valid for some period and if within that period the applicant is cleared of the pending proceedings, he may not stand a chance of being promoted. At this stage, no relief can be granted.
4. We, accordingly, dismiss the OA. Pending MA, if any, shall stand disposed of.
There shall be no order as to costs. (Mohd. Jamshed) (Justice L. Narasimha Reddy) Member (A) Chairman
pj/ns/ankit/sd
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