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1990 (4) TMI 286 - SC - Indian Laws

Issues involved:
1. Appeal against adverse entries in ACR and promotion denial.
2. Quashing of departmental enquiry proceedings and adverse ACR entries.

Issue 1:
In Civil Appeal No. 3046 of 1988, the appellant challenged the Central Administrative Tribunal's order quashing departmental proceedings due to delay. The Supreme Court upheld the Tribunal's decision, citing the unreasonable 12-year delay in initiating disciplinary action and dismissing the appeal.

Issue 2:
Regarding O.A. No. 201 of 1986, the officer sought relief from adverse ACR entries and retrospective promotion. The Tribunal quashed adverse remarks for 1979-80 but sustained those for 1976-77. The Court upheld the Tribunal's decision, emphasizing that general remarks should not impact promotion decisions and that pending disciplinary proceedings should not hinder promotion considerations.

The Court further noted that the Screening Committee's decision to defer the officer's promotion based on integrity complaints without completing any preliminary enquiry was unjustifiable. The Court agreed with the Tribunal's decision to quash adverse remarks and retrospective promotion, emphasizing the need for fair consideration in promotion decisions.

The Court also addressed the appellant's argument of delay in filing the application under Section 19 of the Administrative Tribunals Act. The Tribunal's decision to consider the case on merits due to pending representations and subsequent promotion was upheld by the Court, rejecting the appellant's claim of delay and laches.

The Court concluded by dismissing both appeals and upholding the Tribunal's directions for the Special Screening Committee to consider the officer's promotion to the post of Super Time Scale, with no costs awarded in the appeals.

 

 

 

 

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