9911796707
TMI Blog2006 (11) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 in the second matter, were serving as State Service Forest Officers in the post of Assistant Conservator of Forests in the office of the Divisional Forest Officer, Bhopal, Madhya Pradesh. Both the said officers became eligible to be promoted to the Indian Forest Service under the provisions of the I.F.S. (Appointment by Promotion) Regulations, 1966 (hereinafter referred to as 'the Regulations') Regulation 3 of the said Regulations provides for the appointment of a Selection Committee consisting of the Chairman of the Union Public Service Commission or where the Chairman is unable to attend, any other Member of the Union Public Service Commission along with the following members as far as the State of Madhya Pradesh is concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awarding penalties or any adverse remarks communicated to the officer and which have not been expunged are also taken into consideration while grading the officers. 4. In the instant case, a meeting of the Selection Committee was held on 12th and 13th December, 2002 to prepare the year wise Select List for the years 2001 and 2002 for promotion to the I.F.S. cadre of Madhya Pradesh in accordance with the aforesaid Regulations. The size of the Select List for the year 2001 was 11 and 9 for the year 2002. As the zone of consideration in each year is taken as three times the number of vacancies available, 33 names were considered for the 11 vacancies for the year 2001 and 27 names were considered for filling up the 9 vacancies for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the I.F.S. cadre for the year 2002. 6. The two aforesaid applications as also the application filed by one M. Ramachandran (O.A. No. 69/2003) were taken up for hearing together since the grievances were more or less common, although the prayer in Shri L.P. Tiwari's application was different from the others. While the others prayed for a de novo selection by a Review Departmental Promotion Committee, Shri L.P. Tiwari prayed for a declaration that he ought to have been assessed as outstanding in the year 2001 and that he should be assigned seniority in the I.F.S. Cadre over the respondent Nos. 4 to 8 and others. The learned Tribunal adopted a rather unusual procedure in dealing with the applications after going through the Ann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Union Public Service Commission against the aforesaid judgment and order of the High Court affirming the order and directions given by the Tribunal. 8. On behalf of the appellant, it was contended that both the Tribunal as also the High Court had misdirected themselves in directing a Review Departmental Promotion Committee to be held since the entire procedure leading to the preparation of the Select List both for the years 2001 and 2002 was strictly in accordance with the Regulations and there had been no deviation therefrom. It was urged that the Selection Committee had acted strictly in accordance with the parameters laid down by the Regulations. In fact, Mr. Rao, learned senior counsel, took us through each step of the proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court to the appellant to hold a Review Departmental Promotion Committee was also erroneous since the Regulations provided for selection to be made not by a Departmental Promotion Committee but by a Selection Committee constituted as per the Regulations. 10. Although, on behalf of the respondents it has been urged that there was no bar which precluded the Tribunal from looking into the original ACRs of the respective candidates, what we are required to consider is whether it was at all prudent on the part of the Tribunal to have adopted such a procedure which would amount to questioning the subjective satisfaction of the Selection Committee in preparing the Select List. 11. From the submissions made and the materials on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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