DIRECTOR GENERAL ALL INDIA RADIO Vs. RATI RAM
LAWS(DLH)-2007-3-140
HIGH COURT OF DELHI
Decided on March 15,2007

DIRECTOR GENERAL ALL INDIA RADIO Appellant
VERSUS
RATI RAM Respondents

JUDGEMENT

MUKUL MUDGAL, J. (oral) - (1.) Rule DB. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.
(2.) This writ petition is an off shot of OA No. 110/1994 filed by the respondent No. 1 before the Jodhpur Bench of Central Administrative Tribunal (in short 'CAT') against the adverse remarks recorded in the ACR and the recorded warning. The said OA was allowed by the judgment dated 13th November, 1998 by the CAT, Jodhpur Bench in the following terms:- "i) The impugned order dated 10.1994, OM dated 15.1.96, 25-2-86, 6.5.87 and 7.3.89 are quashed; ii) the recorded warning issued vide respondents' memo dated 15.1.86 is set aside and the adverse entries in the ACRs for the year 1985-86 of the applicant are expunged and declared as non-est. iii) the applicant will be entitled to all service benefits which he would have been entitled to but for the existence of the recorded warning and the adverse remarks in the ACRs for 1985-86."
(3.) In order to implement the above judgment of the CAT, the petitioner took a view that since the post of Station Director for which the promotion was sought was a selection post a DPC was required to be held. Accordingly, a review DPC was held on 23rd November, 2001. The said review DPC declined the promotion to the respondent No. 1. The respondent No. 1 filed a Contempt Petition No. 12/2002 before the CAT, Jodhpur Bench challenging the convening of the review DPC which contempt petition was dismissed holding as follows:- "In the contempt proceedings, this fact cannot be considered as to whether the review DPC was justified or not in not recommending the applicant for promotion. It can be the subject matter of fresh O.A.";


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