- (1.) Leave granted.
(2.) The appellants have challenged the judgment and order of the central Administrative tribunal, Patna bench, Patna dated 28/7/1995 as a result of which the tribunal has set aside the selections made by the Selection Committee on 30/3/1994 of officers of the Bihar Administrative Service for promotion to the Indian Administrative Service.
(3.) The tribunal by its impugned order set aside the entire selection made at the meeting of the Selection Committee on 30/3/1994 on an interpretation of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, holding that only three times the number of anticipated vacancies for the year plus 20% could have been considered as within the zone of consideration before the Selection Committee. The consideration of other officers under Regulation 5 (3 was contrary to the said Regulations. It also said that the proceedings of the Selection Committee were vitiated on account of the participation of one Shri S. N. Dubey as a member of the Selection Committee because his brother was within the zone of consideration although the brother has not been selected. And lastly the tribunal has said that there was non-application of mind by the Selection Committee in considering 264 names on a single day.;