J P SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant of this O.A. has prayed that the directions be issued to the respondent No. 2 to promote the applicant in the Sr. Administrative Grade of the Indian Railway Medical Service (hereinafter referred to as IRMS) w.e.f. 17.2.97 after maintianing his seniority as given in the selection grade of IRMS.

(2.) Pleadings on record have been perused and learned Counsel for the parties have been heard.

(3.) THE short point for consideration in this case is whether an officer who is otherwise due for promotion to the Sr. Administrative Grade can be ignored for promotion even though no adverse remarks in any of his ACRs were communicated to him. This question was considered by this Tribunal in O.A. No. 523/98 in the case of Kalyanesh Kumar Bajpai v. Union of India decided on 10th October, 2002. As a matter of fact the issue involved in the present O.A, is squarely covered by the decision in the case of Kalyanesh Kumar Bajpaiv. Union of India in O.A. No. 523/1998. In this case records of the DPC held on 12.9.96 and on 16.12.97 were summoned along with ACR folder of the applicant. THE following table will give a fair idea of the entries recorded in the ACR of the applicant.