P.C. PRADHAN Vs. UNION OF INDIA
LAWS(MPH)-1980-8-40
HIGH COURT OF MADHYA PRADESH
Decided on August 05,1980

P.C. Pradhan Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

DILIP KUMAR DHARAMDAS BHARAT VS. STATE OF M P [LAWS(MPH)-1982-2-15] [REFERRED TO]
HORAM SINGH AND ORS. VS. SENIOR SUPERINTENDENT OF POLICE, MEERUT AND ORS. [LAWS(ALL)-1987-1-51] [REFERRED TO]


JUDGEMENT

G .P.SINGH - (1.)By this petition under Article 226 of the Constitution the petitioner challenges the order dated 18th July 1978 passed by the Central Government appointing respondents 3 to 20 to the Indian Forest Service.
(2.)THE appointment by promotion to the Indian Forest Service is made in accordance with h the Indian Forest Service (Appointment by Promotion) Regulations, 1966 Regulation 3 of these regulations provides for the constitution of a Selection Committee Regulation 5 deals with the preparation of a list of suitable officers by the Selection Committee. This regulation requires the Selection Committee to classify the eligible officers in four categories, namely out -standing very good, good and unfit, on an overall relative assessment of their service record. The list of so table officers is prepared by including the required number of names first from the officers classified as 'outstanding' then from the officers classified al 'very -good' and thereafter from those classified ail 'good'. The list so prepared is reviewed and revised every year. The list prepared by the Committee is sent to the Public Service Commission through the State Government. On approval by the Commission, the list of suitable officers prepared by the Selection Committee becomes a select list and it ii from this list that appointments to the service are made by the Central Government. There is, however, a provision that in case of grave lapses in the conduct of performance of duty on the part of any officer included in the select list, a special review of the select list can be made at any time at the instance of the State Government and the Commission can remove the name of such officer from the select list. Regulations 5, 6 and 7, in so far as they are relevant, read as follows:
"5. Preparation of a list of suitable officers: -

(3 -A) The Selection Committee shall classify the eligible officers as 'Out -standing', 'Very good', 'Good' or 'Unfit' as the case may be on an overall relative assessment of their service records.

(4) The list shall be prepared by including the required number of names first from amongst the officers finally classified as 'Outstanding then from amongst those similarly classified as 'Very good' and thereafter from amongst those similarly classified as 'Good' and the order of names inters within each category shall be in the order of their seniority in the State Forest Service.

(5) The list so prepared shall be reviewed and revised every year.

6. Consultation with the Commission. The list prepared in accordance with regulation 5 shall then be forwarded to the Commission by the State Government along with: -

(i) the records of all members of the State Forest Service included in the list.

(ii) the records of all members of the State Forest Service who are proposed to be superseded by the recommendations made in the list;

(iii) the reasons as recorded by the Committee for the proposed super -session of any members of the State Forest Service;, and

(iv) the observations of the State Government on the recommendations of the Committee.

7. Select list -The Commission shall consider the list prepared by the Committee along with the other documents received from the State Government and unless it considers any change necessary, approve the list.

(2) If the Commission consider it necessary to make any changes in the list received from the State Government, the Commission shall inform the State Government of the changes proposed and after taking into account the comments, If any of the State Government, may approve the list finally with such modifications if any, as may in its opinion, be just and proper.

(3) The list as finally approved by the Commission shall form the Select List of the Members of the State Forest Service.

(4) The Select List shall ordinarily be in force until its review and revision, effected under sub -regulation (4) of regulation 5, is approved under sub -regulation (1), or as the case may be, finally approved under sub -regulation (2):

Provided that in the event of any new service or services being formed by enlarging the existing State Forest Service or otherwise being approved by the Central Government as the State Forest Service under clause (g) of rule (2) of the Recruitment Rules, the Select List in force at that time of such approval shall continue to be in force until a new list prepared under regulation 5 in respect of the members of the new State Forest Service, is approved under sub -regulation (i) or as the case may be finally approved under sub -regulation (2):

Provided further that in the event of a grave lapse in the conduct of performance of duties on the part of any member of the State Forest Service included in the Select List, a special review or the Select List may be made at any time at the instance of the State Government and the Commission may, if It so thinks fit, remove tile the name of such member of the: State Forest Service: from the Select List"

The Regulations quoted above are as amended by Notification No. 11039/6/76/AIS (I) -C, dated 3rd June 77. Clause (3 -A) of Regulation 5 before amendment by this notification provided for selection on merit and suitability in all respects. In case of merit being equal, the seniority was to be taken into account. As earlier seen, Clause (3 -A) as now substituted provides for classification of the eligible officers into four categories; 'Outstanding', -Very -good', 'Good' and 'Unfit' on an overall relative assessment of their service record. This is one important change brought about by amendment. Another important change is omission of clause (6) from Regulation 5 which laid down that if in the process of selection, review or revision it is proposed to supersede any member of the State Forest Service the Committee shall record its reasons for proposed super -session. It is however, noteworthy that clause (iii) of Regulation 6 which contains the requirement that the list prepared in accordance with Regulation 5 shall be forwarded to the Commission by the State Government along with "the reasons as recorded by the Committee for the proposed super -session of any member of the State Forest Service" has not been amended and remains as before.

(3.)THE petitioner and respondents 3 to 20 belonged to the State Forest Service of Madhya Pradesh. They hold the posts of Divisional Forest officers or equivalent posts. The petitioner was senior to the respondents in the State Forest Service. The Selection Committee met in December 1976 for selecting the officers of the State Forest Service for promotion to the Indian Forest Service for the posts available in the year 1977. The name of the petitioner was included by the Committee above tile names of respondents in the list of suitable officers. This list wall approved by the Commission and became the Select List. The State Government however wrote to the Central Government for removing the name of the petitioner from the list under the second proviso to Regulation 7. The Central Government sent a reply to the State Government on 28th December 1977 that as the Selection Committee was again to meet shortly for revision of the list for the year 1978 and as on preparation of the list for the year 1978, the list for the year 1977 would automatically expire there wall no point in referring the matter to the Public Service Commission. The Central Government only appointed one person from the list of 1917 who was senior to the petitioner The Selection Committee met on 31st December 1977 for preparation of the list for the year 1978. The Select List as approved by the Commission was published in May 1978. The petitioner name is not included in this list. The names of respondents 3 to 20 are, however, included in the list. By order dated 18th July 1978 which is impugned in this petition the Central Government appointed the respondents to the Indian Forest Service.


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