LAWS(CA)-2006-9-19

AMBIKA PRASAD SINHA S/O DR S N MANDAL SENIOR MEDICAL SUPERINTENDENT EAST CENTRAL RAILWAY Vs. UNION OF INDIA

Decided On September 20, 2006

JUDGEMENT

(1.) BY this OA applicant has challenged respondents order dated 10.2.2006 which is promotion list of Selection Grade, IRMS officers to Senior Administrative Grade (SAG).

(2.) Applicant started his career as Assistant Divisional Medical Officer in the Ministry of Railways on 29.6.1976. Presently he has been working as Senior Medical Superintendent w.e.f. 1.5.1998. It is alleged that vide the impugned orders applicant has been bye-passed for promotion to SAG while several of his juniors have been promoted. According to applicant, his name was left out due to misidentity with another officer bearing the same short name, Dr. A. P. Sinha, against whom a vigilance enquiry is pending. It has been averred that applicant has a clean and unblemished record and has never been involved in any case, and as such, he could not have been bye-passed in promotion. It has also been stated that applicant's junior Dr. C.D.Pathak may take charge as Chief Medical Superintendent, Sonpur at any time thereby embarrassing applicant, while his representation dated 21.2.2006 has not yet been decided.

(3.) WHILE the case had been listed for hearing today, neither applicant nor anyone on his behalf appeared. Thus, we proceeded to adjudicate in the matter in terms of rule 15 of the Central Administrative Tribunal (Procedure) Rules, 1987 by taking into consideration the respective pleadings of parties, material on record and hearing the learned Counsel of respondents.