1. It is clarified by the respondents that for considering the case for promotion to the post of Deputy Collector, the meeting of the Departmental Promotion Committee (DPC) was convened in March, 2012 and thereafter any meeting has not been convened.
2. The respondents have also stated on affidavit that there are several representations made by various employees raising issues and disputes about seniority and the said representations have to be considered and cleared before the DPC can make any final recommendations. Learned AGP has also clarified that the DPC recommendations have not been received or forwarded to the GPSC.
3. It is, however, also not in dispute that the case of the petitioner was not placed before the DPC and his case has not been considered. The only reason assigned for including the petitioner's name is pendency of criminal proceedings against the petitioner. The said proceedings are pending since 1988. The petitioner has claimed that he has also made representation raising dispute about his seniority and/or exclusion of his name from the seniority list. Therefore, below mentioned order is passed at this stage:
3.1. The respondent authority shall take decision as regards petitioner's claim for inclusion of his name in seniority list for the purpose of promotion to the post of Deputy Collector, without considering the pendency of the criminal proceedings against the petitioner. Differently put, only on the ground of pendency of the proceedings, case of the petitioner shall not be excluded. Keeping aforesaid aspect in focus, the respondent authority shall take appropriate decision on petitioner's request within ten days from service of present order. Based on the decision, the petitioner's case may be placed before the DPC for appropriate consideration and the decision which may be taken by DPC with reference to the petitioner's case may be maintained in sealed cover. In the event any final decision for affecting the promotions are to be passed before the next date of hearing of present petition that may be done ofter following above mentioned procedure. Any orders that may be passed by the competent authority affecting promotion on the post of Deputy Collector shall be subject to other and further order that may be passed by the Court. S. O. to 19/06/2012.
(K.M.THAKER, J.) (ila) Top