9911796707
TMI Blog1990 (4) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: 1. Quashing the adverse entries in the ACR for the year 1976-77 (Annexure B) and in the ACR for the year 1979-80 (Annexure F). 2. Retrospective promotion in the selection Grade of the I.P.S. from 1978 when the juniors of his batch were promoted. 3. Promotion to the post of Super Time Scale, to the rank of D.I.G. with effect from 7.11.81 when his juniors of the batch were promoted, with consequential benefits including arrears of pay etc. 3. O.A. 102 of 1987 was filed by the same officer against initiation of departmental enquiry proceedings and issue of charge sheet on 22.4.1987 in respect of certain incidents that happened in 1975-76 when the said o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said irregularities, if any, and came to know it only in 1987. According to them even in April, 1977 there was doubt about the involvement of the officer in the said irregularities and the investigations were going on since then. If that is so, it is unreasonable to think that they would have taken more than 12 years to initiate the disciplinary proceedings as stated by the Tribunal. There is no satisfactory explanation for the inordinate delay in issuing the charge memo and we are also of the view that it will be unfair to permit the departmental enquiry to be proceeded with at this stage. In any case there are no grounds to interfere with the Tribunal's orders and accordingly we dismiss this appeal. 5. In petition filed under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken int6 account. Generally, in relation to this the Tribunal pointed out that the Screening Committee seems to have been weighed in not selecting the respondent on the ground that there were some complaints about integrity and the decision will have to be deferred until the decision on such complaints. The Tribunal pointed out that on these complaints not even a preliminary enquiry have been completed and that therefore they should not hayed weighed with the Screening Committee. This statement of the Tribunal cannot be said to be an incorrect approach. Normally, pendency or contemplated initiation of disciplinary proceedings against a candidate must be considered to have absolutely no impact upon, to his right to be considered. If the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remarks for the year ending 31.3.1977 it should not have interfered with the decision of the Screening Committee deferring the claim of the respondent in the meetings held on 27.2.1979 and 3.3.1979. The learned counsel may be well- founded in the contention relating overlooking of the respondent's claim by the Screening Committee when it met in 1979 by reason of this adverse remark but on that ground we do not want to interfere with the order of the Administrative Tribunal because it had taken into an overall consideration of the entire facts and circumstances of the case in granting the relief. 8. The learned counsel also contended that though Screening Committee met in 1979-80 the application under Section 19 of the Administrative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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