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TMI Blog2018 (4) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... expressed by the Tribunal in the impugned order. The DPC was convened on 05.06.2015 and it is undisputed that on the said date, no criminal or departmental proceedings were pending against the respondent and the department had given a vigilance clearance before recommending his name for promotion along with the others. Petition dismissed - decided against Revenue. - W.P.(C) 3500/2018 & CM Nos.13825-27/2018 - - - Dated:- 10-4-2018 - HON BLE MS. JUSTICE HIMA KOHLI HON BLE MS. JUSTICE PRATIBHA RANI For the Petitioner: Mr.Jasmeet Singh, Advocate O R D E R 1. The petitioner/Union of India is aggrieved by the judgment dated 16.01.2017, passed by the Central Administrative Tribunal allowing O.A. No.4141/2015, filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cancy year 2014-15. A meeting of the DPC was held on 05.06.2015, wherein the name of the respondent along with his batch mates was considered and he was found fit. The proposal of the DPC for granting promotion to the respondent and the other officers was forwarded to the DOPT for obtaining the approval of the Appointments Committee of the Cabinet (ACC). While conveying the approval of the ACC in respect of the recommendations made in the DPC held on 05.06.2015, the DOPT had intimated the Department that the ACC had directed it to expedite taking a decision on the pending complaints against the respondent along with six other officers and re-submit their cases for consideration of the ACC at the earliest. 4. The grievance of the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alling under the following categories should be specifically brought to the notice of the Departmental Promotion Committee. i) Government servants under suspension. ii) Government servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending; and iii) Government servants in respect of whom prosecution for criminal charge is pending. 7. The aforesaid OM dated 14.09.2012 was subsequently amended by a Memorandum dated 02.11.2012, issued by the DOPT after undertaking a comprehensive review of the instructions pertaining to vigilance clearance for promotion. The relevant para clarifying the above OM is reproduced below: 5. The O.M. No.22012/1/99-Estt. (D) dated 25th October, 204 further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecial Judge, CBI vide order dated 12.03.2014 and no disciplinary proceedings were initiated against him till that point in time. Accordingly, the OA of the respondent was allowed by directing the petitioners to implement the recommendations of the DPC dated 05.06.2015 and grant him notional promotion to the post of Commissioner of Income Tax from the date his juniors were promoted, along with financial benefits from the date of his actual promotion and seniority. 9. Mr.Jasmeet Singh, learned counsel for the petitioner assails the impugned order on the ground that the Tribunal failed to appreciate that the CBI had recommended initiating departmental proceedings for imposition of major penalty against the respondent. This aspect was highl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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