UNION PUBLIC SERVICE COMMISSION Vs. L P TIWARI

JUDGEMENT

(1.) Leave granted.

(2.) Shri L.P. Tiwari, respondent No. 1 in the first matter and Shri DP. Dwivedi, respondent 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 concerned:

(3.) In keeping with the Regulations, the Selection Committee classifies eligible State Forest Service Officers coming within the zone of consideration as "outstanding", "very good", "good" or "unfit" on an overall assessment of their service records. Thereafter, as per Regulation 5(4), the Selection Committee prepares a list by including the required number of names first from amongst officers classified as "outstanding" and then from amongst those classified as "very good", and thereafter from amongst those classified as "good". The names within each category are set in the order of their respective inter se seniority in the said Forest Service. The Annual Confidential Reports of the eligible officers form the basis on which such officers are categorized in the manner indicated above. However, while making an overall assessment, the Selection Committee also takes into account orders and remarks regarding appreciation for meritorious work done by the concerned officer. Similarly, orders 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.