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TMI Blog1995 (2) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... ched Gauhati High Court with the aforesaid grievance which gave rise to Civil Rule No. 256 of 1978. The writ petition stood transferred to the Central Administrative Tribunal, Gauhati Bench by operation of Section 29 of the Administrative Tribunals Act, 1985. The Tribunal, instead of going through the merits of the grievance, accepted the preliminary objection raised by the State Government about the delay in filing the application and dismissed the same on that ground. Feeling aggrieved, this appeal has been preferred. 3. To do complete justice between the parties, we thought it would be appropriate to examine the merits of the case instead of non-suiting the appellant on the ground of delay. With this end in view, the appeal was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note by the Selection Committee are undoubtedly relevant. We would, however, observe that the adverse remarks related to the allegation of embezzlement, which must be taken to have been wiped out because of the dropping of the disciplinary proceeding subsequently. Other factors noted by the Selection Committee receive support from what finds place in the ACRs of the appellant. Insofar as censure is concerned, we have seen the order of the Chief Secretary, Government of Manipur dated 30th July, 1969, by which the appellant was censured. This had come to happen because of the issuance of a certificate by the appellant in favour of one Ibo Pishak Singh stating that his total income was ₹ 600/- per annum. On the basis of this certificate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reflected in the proceedings, as against what earlier Selection Committees had done to which reference has already been made. 9. Despite the above, we do not propose to interfere with this supersession of 'the appellant because we have found that Madhosana Singh was rated very good whereas a perusal of the ACRs of the appellant shows that he cannot be rated as very good , indeed, it would be difficult to regard him even as good . So, no injustice has really been caused to the appellant in the recommendation of one of his juniors for promotion. As to Thangjon, it may be stated that he was the only Scheduled Tribe candidate amongst eligible persons. This apart, his assessment has been recorded as good . This shows that there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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