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2002 DIGILAW 777 (PAT)

Amresh Chandra Sinha v. Union Of India

2002-07-22

R.N.PRASAD, RAVI S.DHAVAN

body2002
Judgment Ravi S.Dhavan, J. 1. The petitioners M/s Amresh Chandra Sinha, Pawan Kumar Shandilya, Suresh Kumar Sharma, Vikash Chandra and Sheo Shankar Prasad have challenged the decision of the Tribunal dated 19 May, 2000 in case no. O.A. 712 of 1997 : Amresh Chandra Sinha & Ors. V/s. The Union of India & Ors. 2. The decision basically is on the aspect whether the stenographers were part of the process by which they were to be considered for promotion. In paragraph 7 of its decision the Central Administrative Tribunal refers to the communication of the Government of India to the effect that the Government of India did not exclude the stenographers from being considered for promotion to the upgraded posts. The issue whether the stenographers were part of the exercise to be considered for promotion to the posts of Inspectors apparently was not gone into in detail as the tribunal was of the opinion that neither party had furnished the recruitment rules and that anything which was decided was on the basis of submission of the parties. With respect to the tribunal, this the Court is of the opinion that here the tribunal was in error. 3. In so far as the recruitment rules are concerned, this is a public document. The tribunal should have put the Union of India under a direction to place the rules for doing substantial justice. The issue was not so much whether the stenographers were to be included or excluded because if the rules had been placed before the tribunal the entire picture would have been different and saved the tribunal from one aspect of the controversy on the exclusion or inclusion of the stenographers. Annexure 7 presented by the petitioners is an order dated 6 November, 1997 of the CAT, Patna Bench in case no. O.A. 573 of 1997 : Shankar Prasad and Ors. V/s. Union of India & Ors. Paragraph 5 of the order refers to a rule known as Central Excise and Land Customs Department Group C Posts Recruitment Rules, 1979. The order of the tribunal mentions that 75 percent posts of Inspectors are to be filled by direct recruitment and 25 percent by promotion from Upper Division Clerks, stenographers; woman researchers and draftsmen who have put in requisite years of service. The order of the tribunal mentions that 75 percent posts of Inspectors are to be filled by direct recruitment and 25 percent by promotion from Upper Division Clerks, stenographers; woman researchers and draftsmen who have put in requisite years of service. Thus, excluding neither of the categories as are mentioned in the rules, the exercise may need to be gone into afresh on the ratio which has to be reckoned between the officers who are entitled to receive 25 percent of the posts by promotion to Inspectors or upgradation of posts to the latter designation. 4. Thus, the petition succeeds in part and the matter is remitted to the Central Administrative Tribunal, Patna for examining the matter afresh in case No. O. A. 712 of 1997 : Amresh Chandra Sinha & Ors. V/s. The Union of India & ors. in the light of observations made in the order.