Vs. State of M.P. & Anr  INSC 260 (8 May 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1996 AIR 665 1995 SCC Supl. (3) 156 1995 SCALE (3)603
O R D
appeal arises against the order of the M.P. Admn.
Bhopal Bench in Transferred Application No.1794/88 dated 5.3.1993. The only
question in this appeal is whether the claim for promotion as Assistant Forest
Conservator was considered in accordance with Rules. We have called for and
perused the record. A High Level Committee, consisting of a Member of the
Public Service Commission as Chairman, Secretary to the Government, Forest
Department and Principal Chief Conservator of Forests as members, was
constituted to consider the claims of all eligible persons for promotion as
Assistant/conservator of Forest. The criteria adopted by the Committee was in
accordance with the M.P. Forest Service (Recruitment) Rules, 1977, (for short,
'the Rules'). The zone of consideration was five times the number of vacancies.
Thereby there was wide chances for many to be considered. Only officers with a
minimum of 8 years of service and confirmed in the cadre of Ranger were
considered. The selection was based on merits with due regard to seniority. The
merit was assessed on the basis of recorded annual confidential reports of the
officers for the previous five years to the year of consideration. The
yardstick of merit adopted was that average assessment of last five years C.Rs.
should be above "good". Integrity should be beyond doubt. In the case
of officer against whom departmental enquiry was in progress, assessment was
made without prejudice to the result of the said enquiry which was placed in a
sealed cover to be opened after the departmental enquiry proceedings are
thereon, the claims were considered and initially the appellant was not found
fit for promotion and was rejected. The Tribunal, after examination of the
matter, gave the following direction:
conclude that the D.P.C. has erred in taking into consideration, the uncommunicated
adverse remarks for the period ending March, 1978 while considering the
applicant's fitness for promotion to the post of Asstt. Conservator of Forests.
We accordingly direct that a fresh D.P.C. be constituted for evaluating
applicant's claim for promotion with retrospective effect. The D.P.C. shall not
take into consideration the adverse remarks for the yer ending March, 1978,
otherwise, it may follow the same criteria for adjudging applicant's suitability
for promotion as has been followed by the D.P.C. held in 1982. The applicant,
if found fit, will be entitled retrospective notional promotion and seniority
from the date his juniors were promoted. For the reasons recovered in para 3
above, the applicant will not be, however, entitled to any consequential cash
benefits." Pursuant thereto, excluding the adverse comments made for the
year ending with March, 1978, the Committee reconsidered the matter and found
the appellant not eligible for promotion. Though Sri Pandey sought to canvass
the claim on merits, we cannot evaluate ourselves the relative merits.
level committee objectively considered the claim and found the appellant was
not fit for promotion on merits. We are satisfied about this on perusal of the
proceedings of the Committee.
view of the above, we think that it is not a case warranting our interference.
The appeal is accordingly dismissed. No costs.