- (1.) Leave granted. The questions which arise for consideration in this appeal filed against order dated 19.5.2011 passed by the Division Bench of the Calcutta High Court in WPCT No. 831 of 2003 are whether Calcutta Bench of the Central Administrative Tribunal (for short, 'the Tribunal') had the jurisdiction to re-assess the relative merit of Respondent No. 1 and the private Respondents and whether the Division Bench of the Calcutta High Court rightly refused to interfere with order dated 1.4.2003 passed by the Tribunal in O.A. No. 1064 of 1996 for re-convening the Selection Committee for promotion to the Indian Police Service.
(2.) Respondent No. 1 joined the State Police Service on 09.06.1979. His case was considered by the Selection Committees constituted for preparation of the Select List for promotion of the State Police Service officers to the Indian Police Service against the vacancies of 1995 and 1996. For the year 1995, the State Government had reported two vacancies in the promotion quota which were required to be filled in accordance with the provisions contained in the Indian Police Service (Appointment by Promotion) Regulations, 1955 (for short, 'the Regulation). As per Regulation 5(1) and (2), the size of the Select List was determined as four and the zone of consideration was fixed as twelve. In the eligibility list, Respondent No. 1 was placed at Sl. No. 8. On an overall relative assessment of the record of eligible officers, the Selection Committee categorized Respondent No. 1 as 'Very Good' and his name was placed at Sl. No. 4 in the Select List. S/Shri Maharathi Adhikari and Daniel Tshering Lepcha, were categorized as 'Outstanding' and were placed at Sl. Nos. 1 and 2. They were appointed to Indian Police Service by promotion vide notification dated 20.12.1995. Subsequently, one vacancy became available on account of pre-mature retirement of one officer. Against that vacancy, Shri Jyoti Prasad Sinha Roy, who was placed at Sl. No. 3 in the Select List, was appointed vide notification dated 8.2.1996.
(3.) For the year 1996, the State Government reported four vacancies in the promotion quota. In terms of Regulation 5(1), the size of the Select List was determined as six. The name of Respondent No. 1 was included in the eligibility list at Sl. No. 5. On an overall relative assessment of his service record, the Select Committee categorised Respondent No. 1 as 'Very Good'. Four Officers, namely, S/Shri Pasang Tshering Sherpa, Akhil Kumar Roy, Binoy Kumar Chakraborty and Pankaj Kumar Dutta were categorized as 'Outstanding'. Accordingly, they were appointed against the available promotion quota vacancies. The names of Shri William Karketta and that of Respondent No. 1 were placed at Sl. Nos. 5 and 6, respectively. Vide Government of India notifications dated 13.12.1996 and 3.3.1997 they were appointed against 2 unforeseen vacancies.;