Jagannatha Shetty, J. - (1.) Vijay Kumar, appellant, is an IAS Officer in the cadre of the Maharashtra Government. In January- 1986, the State Government of Maharashtra gave senior time scale to his juniors while denying the same to him. The appellant moved the High Court of Bombay for relief with writ petition No. 656 of 1986. Upon constitution of the Central Administrative Tribunal, the writ petition stood transferred to the Tribunal. The Tribunal by its order dated January 19, 1987 dismissed the petition. Hence the appellant has preferred this appeal by obtaining special leave.
(2.) Before the Tribunal, various and varied contentions were raised. The Tribunal has rejected all those contentions. It is, however, not necessary to consider the validity of all those conclusions of the Tribunal, since in our opinion, this appeal should succeed on a short point.
(3.) The main grievance of appellant before the Tribunal was that the confidential report relied upon to deny senior time scale has not been communicated to him. It is not disputed that the confidential report was not sent to the appellant by registered post nor there is any evidence to indicate that it was received by the appellant. The Tribunal after considering the material on record was of opinion that there is no proof that the appellant had received the Government letter containing confidential remarks. Yet the Tribunal proceeded on the basis that there was nothing wrong in relying upon that confidential report to deny benefit, to the appellant. Indeed, the conclusion of the tribunal is very curious. It is a settled principle that an uncommunicated adverse report should not form the foundation to deny benefits to a Government servant when similar benefits are extended to his juniors.;