- (1.) Heard Sri R. B. Singhal, Additional Solicitor General assisted by Sri Ashok Kumar Singh, Advocate on behalf of Union of India and Sri M. C. Chaturvedi, Advocate on behalf of respondent no.1. Respondent no.2, 3 and 4 are proforma respondents and are not represented.
(2.) The Union of India seeks quashing of the order of the Central Administrative Tribunal, in so far as, it after quashing the order dated 23.03.2011 has directed that case of original applicant namely Saroj Kumar be considered for promotion on the post of Senior Administrative Grade with effect from the date, when juniors to the original applicant namely, Praveen Kumar and S. C. Dastidar, were promoted by ignoring the uncommunicated adverse ACRs in the light of the law laid down by the Principal Bench of the Tribunal in the case of H. S. Acharya Vs. Union of India and others. Three months time has been permitted for the purpose.
(3.) Facts in short leading to the present writ petition are as follows : Saroj Kumar (respondent no.1) was appointed after selection through Civil Services Examination and was allotted Indian Defence Accounts Service. On 12th January, 1996 he was promoted on the post of Junior Administrative Officer. He was provided selection grade with effect from 6th June 2000. Because of the character roll entries, he was not provided promotion by the Departmental Promotion Committee (hereinafter referred to as 'DPC') under the Assured Career Progression Scheme. Again, DPC in its meeting held on 22.03.2006 did not find respondent no.1 suitable for promotion in the Senior Administrative Grade because of his having not achieved the required ACR criteria and the requisite bench mark.;