- (1.) This writ petition has been filed by Union of India through the Director General, Council of Scientific and Industrial Research, New Delhi challenging the order dated 28.03.2008 passed by the Central Administrative Tribunal, Circuit Bench at Ranchi by which the learned Tribunal had been pleased to grant liberty to the respondent/petitioner -Union of India to open the seal cover of the Departmental Promotion Committee( in short 'D.P.C.) and grant benefit to the respondent herein, if he had been found fit by the D.P.C. for promotion on the post of Scientist E -1.
(2.) THE aforesaid order was passed by the Central Administrative Tribunal on an application filed by the respondent herein who had filed application inter alia raising a grievance, that though his case for promotion was referred to the D.P.C. and D.P.C. has already considered the case of his promotion after which it kept the decision in a sealed cover, the same has not been opened on the ground that a departmental proceeding had been initiated against him. The learned Members of the Tribunal, after hearing the counsel for the parties, was pleased to hold that a meeting of the D.P.C. in regard to the promotion of the respondent herein was held on 30.11.2005 and the memorandum of charge -sheet was served on the respondent on 30.12.2005. Under the circumstance, it was held that the departmental proceeding having been initiated after conclusion of the meeting of the D.P.C., the decision of the D.P.C. which was kept in a sealed cover, was fit to be opened and if the D.P.C. found him fit for promotion, the same be granted to him.
(3.) HOWEVER , liberty was granted to the authorities to proceed with the departmental proceeding as per the charge -sheet already issued on him. Hence, it can reasonably be inferred that liberty has already been granted to the petitioner to take action against the respondent. Assailing the order passed by the Tribunal, it was contended that initiation of departmental proceeding cannot be held to have started on 30.12.2005 as the authorities had already taken a decision to initiate departmental proceeding against the respondent although the charge -sheet was issued to him after the meeting of the D.P.C. on 30.12.2005. ;