Ojha, J. - (1.) These appeals by special leave have been preferred against the judgment dated 17th February, 1987 of the Central Administrative Tribunal, Guwahati Bench, Guwahati, in Guwahati Case No. 225 of 1986 arising out of a petition filed by Shri Hiranyalal Dev, a member of the Assam Police Service. Civil Appeal No. 3016 of 1987 has been preferred by the Union Public Service Commission and Shri Hiranyalal Dev is Respondent No. 1 in this appeal. Civil Appeal No. 3017 of 1987 on the other hand has been preferred by State of Assam and two others and Shri Hiranyalal Dev has been arrayed as Respondent No. 7 in this appeal. For the sake of convenience, however, Shri Hiranyalal Dev shall hereinafter be referred to as Respondent No. 1.
(2.) Brief facts necessary for appreciating the submissions made by learned counsel for the parties are that a meeting of the Selection Committee for preparing a select list for promotion to the joint IPS Cadre of Assam, Meghalaya as contemplated by the Indian Police Service (Appointment by Promotion) Regulation 1955 was held on 27th December, 1983. Even though two officers junior to Respondent No. 1 were selected and included in the select list, the name of Respondent No. 1 was not included in the said list. Aggrieved, Respondent No. 1 filed a Civil Rule in the Guwahati High Court which stood transferred to the Central Administrative Tribunal (for short the Tribunal) under Section 29 of the Administrative Tribunals Act, 1986.
(3.) The Tribunal came to the conclusion that certain adverse remarks in the Confidential Character Rolls (C.C. Rolls), of Respondent No.1 had not been communicated to him . till the date of meeting and on their being communicated the Respondent No. 1 made a representation to the State Government which was allowed, with the result that even the adverse remarks subsequently expunged were taken into consideration by the Selection Committee. According to the Tribunal the non-selection of Respondent No. 1 was in this view of the matter bad in law. On this view, the Tribunal held that Respondent No. 1 should be deemed to have been included in the impugned select list, at least, in the place in the order of his seniority and appointed to Indian Police Service on the date on which his immediate junior, namely, Shri Sardar Pradeep Kar was appointed. After taking this view, the Tribunal went a step further and directed Respondent No. 1 to be appointed to the Indian Police Service with effect from the date on which Shri Sardar Pradeep Kar had been appointed and allowed all the benefits on that basis.;