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Judgment
22 paragraphs · 385 wordsPradeep Kumar Member (A)
The applicant herein was directly recruited as an Inspector in Central Excise and he joined on 11.12.2009. The batch mates of the applicant had
joined on an earlier date.
The respondents considered the promotion of this batch to the post of Superintendent and the DPC was held on 30.03.2016. In that DPC, all those
candidates who had completed the minimum requisite service of eight years, were considered. The applicant herein did not have requisite service
hence his name was not considered.
This issue ended up for adjudication before the Hon’ble High Court wherein directions were issued that a relaxation upto two
years, in such cases, is to be granted. Accordingly, DoP&T had also issued relevant OM. Once this OM was issued, a review DPC for the left out
candidate was also conducted on 09.08.2018 wherein the case of applicant was also considered. However by this time, another fact came to light that
applicant was put under suspension on 13.10.2017 and accordingly his name was kept in a sealed cover in this DPC.
The applicant pleads that his batch mates for whom, DPC is initially held on 13.03.2016, were granted promotion w.e.f. 01.04.2016. Further the said
suspension has since been revoked on 02.11.2018 and no departmental chargesheet or criminal proceedings or vigilance case is pending at the
moment. Accordingly, the respondents are required to open the sealed cover and act according to the DPC recommendation contained therein.
Applicant also pleads that exactly a similar issue has already been decided by the Tribunal in OA No.970/2019 vide judgment dated 13.12.2019. He
pleaded that the instant OA can also be decided on similar lines.
There is no dispute by the respondents to the facts as enumerated above.
Matter has been heard. In view of the forgoing, the OA is disposed off with directions to the respondents to open the sealed cover and give effect
to the recommendations contained therein. In case the DPC has found the applicant as fit for promotion, he shall be granted notional pay fixation
w.e.f. 01.04.2016 along with his batch mates. This exercise be completed within a period of eight weeks from the date of receipt of the certified copy
of this order.
Pending MA No.432/2020 stands disposed off accordingly.
No costs.