- (1.) Leave granted.
(2.) The Union of India through Secretary, Department of Revenue, Ministry of Finance, New Delhi is the first appellant in this appeal. The second appellant is the Department of Personnel and Training through its Secretary, Ministry of Personnel & Pension, New Delhi. The first respondent is the contesting respondent. Respondent Nos. 2-5 and the first respondent joined the Indian Customs and Central Excise Service as a Grade A Officer on probation and was promoted as Assistant Collector of Central Excise after selection by the UPSC. Respondent No.1 and other respondents were confirmed in Group A service. In the order, the proforma respondents were placed higher in order of seniority. Thereupon respondent No.1 was promoted as Deputy Collector of Central Excise on an ad hoc basis in the year 1983 and the said appointment was regularized as Deputy Collector of Customs and Central Excise, vide order dated 16.7.1985. The Government of India, Ministry of Finance issued an Office Order No. 187 of 1997 for the ad hoc promotion of respondent No.1 and proforma respondents to officiate in the grade of Commissioner of Customs and Central Excise. The Departmental Promotion Committee (for short "the DPC) was constituted for considering officers for promotion to the post of Commissioner of Customs and Central Excise in April, 1997 and February, 1998. Respondent No.1 represented against the seniority assigned to him and he claimed that his ACR's for the year 1994-1995 had not been properly graded or considered by the DPC and the lower grading given to him by the Reviewing Officer on one ACR was not proper and DPC ought to have considered the higher grading given by the reporting Officer.
(3.) The Office Order No. 11 of 1999 was issued on 12.1.1999 by the Government of India, Ministry of Finance whereby promotions of these officers were made on the post of Commissioner of Customs and Central Excise. Office Memorandum No. F. No.Q-32012/10/97- AO-II Govt. of India, Ministry of Finance, Department of Revenue was issued whereby the representation of respondent No.1 was rejected for the following reasons stated as under: "i) The recommendations of the 5th Central Pay Commission that for promotion to the Central Services, as in the case of IAS Officers, the inter-se seniority as fixed by the UPSC at initial entry into the service, should remain unaffected, is under consideration of the Govt. and a decision in this respect is likely to take time as these involve significant modifications in DPC guidelines. As the recommendations of the Pay Commission are yet to be accepted by the Govt., the existing instructions/guidelines of the Govt. pertaining to DPC are required to be followed. ii) The provisions of para 6.2.1(e) of the DPC guidelines circulated by DOP&T vide their OM dated 10th April, 1989 were followed by the DPC which met in UPSC and considered the case of Sh. Goel for promotion to the grade of Commissioner. As such, it may not be appropriate to say that the DPC took into consideration the lower grading given to Shri Goel by the reviewing officer and not the higher grading given by the reporting officer. iii) Although, the reviewing officer had slightly downgraded the overall grading on Shri Goel in the ACR for the year 1994-95 and the ACR also could not be sent to CVC for counter signature, it cannot be concluded that it had adverse impact on the findings of the DPC in the matter of his promotion to the grade of Commissioner. The DPC made its own assessment on the basis of the entries in the ACRs and overall grading of the reviewing /reporting officers was of no consequence. iv) It is not for an individual officer to claim that his case is outstanding or otherwise as has been claimed by Shri Goel in his representation. It is for the DPC to make assessment on the officer after going through his service records. The mere grant of presidential Award cannot entitle an Officer to claim that he should be awarded outstanding grading by the DPC.";