SATYENDRA JEET SINGH ADDL COMMISSIONER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE core question involved in the present Original Application for consideration and determination is whether the Union Public Service Commission (for short UPSC) is obliged to convene a Review Departmental Promotion Committee (for short DPC) on the request of the Government of India which has found some merits in the representation made by an Officer who could not reach the bench mark and, therefore, found ineligible for consideration to a promotional post by the earlier DPC. This controversy has come to be raised in the back-drop of the following facts.

(2.) As a result of Combined Civil Service Examinations of the year 1980, the applicant Shri Satyendra Jeet Singh was selected and appointed as Assistant Collector in the Customs and Central Excise Group 'A' Service, and was given the label of 1981 batch. The conditions of service of the applicant are governed by the Central Excise Service Group 'A' Rules. 1987. On account of various long drawn rounds of litigation right upto the Apex Court with regard to inter-se seniority of the officers of the Service, ad hoc promotions at the various levels on the higher posts came to be made. In course of time, the applicant came to be promoted as adhoc Joint Commissioner and presently he is working as Additional Commissioner on adhoc basis. In the month of March, 2002, a DPC was convened for making regular promotion to the post of Joint Commissioner.

(3.) ACCORDING to the applicant, if the report of the year 1989-90 is treated as Very Good then he would certainly make the bench mark. The representation of the applicant was considered by the cadre controlling authority i.e. the Government of India in the Ministry of Finance, Department of Revenue. A letter F. No. A-32012/3/2000-AO.II (Vol. II) dated 5.6.2002 pertaining to the subject - ' Promotion to the grade of Joint Commissioner on regular basis - DPC held in March. 2002 in UPSC - Representation against" was addressed by the cadre controlling Ministry to the Secretary. U.P.S.C. New Delhi. Since it is the basic letter on the foundation of which the applicant is seeking the review DPC, we would do well to quote the same in extenso :-