Alpesh vs The Director General & Anr.

Per : Hon’ble Shri J.V. Bhairavia, Member (J)

In the instant OA, the applicant has challenged the action of the respondents for not granting him promotion from the cadre of Assistant/ Head Clerk to the cadre of Social Security Officer/ Manager Grade-II/ Superintendent in Pay Level-7. It is stated that as such his case was placed before the DPC for consideration and the result of the DPC has been kept in sealed cover due to pendency of the departmental inquiry instituted against the applicant. The applicant has filed separate OA i.e. OA No.306/2019 challenging the said departmental inquiry instituted against him and this Tribunal has accepted the request of the applicant to direct the Disciplinary Authority to consider his pending representation submitted by him against the report of the Inquiry Officer within stipulated time limit. The said OA No.306/2019 has been disposed of.

At this stage, counsel for the applicant Shri M.S.Trivedi submits that applicant will be satisfied, if appropriate direction be issued to the respondents to consider and re-examine his case for promotion, if nothing adverse remains against the applicant.

On the otherhand, Standing counsel Shri Joy Mathew submits that as per the prevailing rules, if nothing adverse is found against the applicant, necessary orders will be passed with respect to the claim of the applicant for grant of promotion.

Considering the aforesaid submissions of the counsel for both the parties, we deem it fit to dispose of this OA without entering into merits of the case with a direction to the respondents to re-examine the case of the applicant on receipt of the decision of the Disciplinary Authority referred hereinabove and take appropriate decision with respect to claim of the applicant for grant of promotion in accordance with the procedure in vogue and intimate the decision to the applicant forthwith. It is expected that this exercise shall be completed within sixty days from the date of receipt of a copy of this order.

In view of the above, the OA stands disposed of. MA No. 3/2022 also stands disposed of. No order as to costs.