R BHARDWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant of this O.A. has prayed for issue of directions to promote him to the selection grade of the Junior Administrative Grade w.e.f. 1st July 1995 and thereafter to give him further promotion in the Sr. Administrative Grade w.e.f. the date the officers junior to him were promoted to the Sr. Administrative Grade. It has also been prayed that the original record containing the proceedings of Selection Committee be also summonned. A further prayer is to quash the adverse material if any on record which has not been communicated to the applicant and has formed the basis of his supersession to the selection grade and to the Sr. Administrative Grade.

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

(3.) THE case of the applicant is that there was no adverse material against him and no such material was ever communicated to him. Further it was contended on behalf of the applicant that his case had never been kept in the sealed cover and no disciplinary proceedings whatsoever were pending against him. It was according submitted that there was no justification for bypassing the applicant by a series of Selection Committees which met in different years from giving him selection grade and further there was also no justification for ignoring him for promotion to the senior administrative grade. In this regard it was submitted on behalf of the applicant that for placing an officer in the selection grade, no bench mark is required and for placement of an officer in the selection grade from the Jr. Administrative Grade, the criterion followed is seniority-cum-fitness. Since there was nothing against the applicant, it was argued that he could not be ignored for placement in the selection grade. In this regard our attention was drawn to some of the instructions and circulars of the Railway Board relied upon on behalf of the applicant. On behalf of the applicant the following circular letters of the Railway Board have been relied upon: