LexUNION OF INDIA AND ORS. versus N.R. BANERJEE AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A UNION OF INDIA AND ORS. v. N.R. BANERJEE AND ORS. DECEMBER 16, 1996 B [K. RAMASWAMY AND G.T. NANAVATI, JJ.] Indian Ordinance Factories Service Rules: Indian Ordinance Factories-Promotion to the post of Senior General C Manager-Preparation of panel-Proposal for filling the vacancies sent to Ministry on December 22, 1993-Communication of approval by Ministry to UPSC on Febrnary 8, 1994-ACRs of eligible candidates approved on August 16, 1994-Meeting of DPC on March 15, 1995-Direction by Tribunal that Government should ignore the ACRs for the years 1994 and consider the candidates eligible upto March, 1993--Held direction given by Tribunal was D in accordance with the procedure. S.K Rizvi & Ors. v. Union of India & Ors., [1993] Supp. 3 SCC 575, referred to. Service Law-Promotio~epartmental Promotion Commit- E tee-Functions and composition of-Guidelines issued by Govern- ment-Judging the suitability of officers--Frequency of meeting of D.P.C. Preparatory action plan for consideration for promotion. Serl(ice Law-Panel-Rights of candidates-Mere inclusion of Ol!f!'S name in the list does not confer any right in him to appointment-It is not F incumbent that all posts may be filled up-But the authority must act reasonably, fairly end in public interest and omission thereof should not be- arbitrary. Shankarasan Dash v. Union of India, [1991) 2 SCR 567; Babita G Prasaad & Ors. v. State of Bihar & Ors., [1993) Supp. 3 SCC 268; Union Territory of Chandigarh v. Dilbagh Singh & Ors., [1993) 1 SCC 154; State of Bihar & Ors. v. Secretariat Assistant Successful Examines Union & Ors., [1994) 1 SCC 126 and Nagar Mahapalika Kanpur v. Vinod Kumar Srivas- tava, AIR (1987) SC 847, referred to. H Service Law-Confidential Repo~bject of-A.C.Rs. should be writ- 166 .. UNION OF INDIA v. N.R. BANERJEE 167 0 ten by competent officer and approved by superior officer objectively and! A impaltially. State Bank of lndip. & Ors. v. Kp.shinath Kiter & Ors., (1996) 7 SCC 762, referred to. CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 16986-87 B of 1996. From the Judgment and Order dated 14.8.96 of the Central Ad- ministrative Tribunal at Jabalpur, in 0.A. Nos. 219/95 and '237 of 1996. c Altaf Ahmad, Additional Solicitor General, N.N. Goswami, Mrs. Anil Katiyar and T.V. Ratanam for the Appellants. K.M. Reddy S.K. Mehta, Dhruv Mehta, Fazlin Anam and Ms. Monita Jairath, for the Respondents. D The following order of the Court was delivered : Leave granted. These appeals by special leave arise from the orders of the Central Administrative Tribunal, Jabalpur Bench, made on August 14, 1996 in OA E Nos. 219/95 and '237/96. the controversy involved relates to promotion to the post of Senior General Manager in the Indian Ordinance Factories under India Ordinance Factories Services Rules. The question for con- sideration is: as to when the vacancies in the above posts would arise? The grade and scale of pay for the said post is Rs. 3700-8000. For the year F 1994-95, panel of successful candidates was required to be prepared. According to the appellants, there were no clear vacancies as on April 1994. Four members in the above grade were to retire in that year. Proposal for filling up the ensuring vacancies from Ordinance Factory Board was sent to the Ministry on December 22, 1993. The Ministry had coinmuni- G cated to the Union Public Service Commission its approval on February 8, 1994. AC.Rs. of the eligible candidates were approved on August 16, 1994 and the incumbent members joined as members of the Board on August . 22, 1994, September 03, 1994, October 6, 1994 and March 1, 1995. Conse- quently the D.P.C. met on March 15, 1995 for selection of Officers to fill up the four vacancies. H A B c 168 SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R. On this factual matrix, it is contended for the appellants that the crucial date for the D.P.C. meeting for selection should be April or May 1995 for selection of candidates to fill up the vacancies of the year 1994-95. The AC.Rs. recorded of all the candidates falling within the zone of consideration and approved by the Government, as on March 31, 1994, are required to be looked into and merits adjudged. The Tribunal, therefore, was not right in directing the government to ignore the AC.Rs. for the year 1994 and consideration of the candidates eligible by then upto March, 1993. The D.P.C. was to be constituted as on April 1, 1994. Resultantly,
Excerpt shown. Read the full judgment & AI analysis in Lexace.