Amit Singh vs Union Of India & Ors.

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

Shri Babu Nandan Singh, counsel for the applicant and Shri Chakrapani Vatsyayan, counsel for the respondents are present and heard.

This O.A. has been filed by the applicant for promotion to the post of MTS in pursuance to the competitive examination for recruitment to the post of MTS so initiated by the respondents’ department in the year 2023. Counsel for the applicant submitted that the result was declared on 14.06.2023 showing that the applicant has cleared the written examination. Counsel for the applicant submitted that the panel was declared by the respondents’ department for the post of MTS but, the applicant was not permitted to join on the ground that one departmental proceeding was initiated against the applicant in the year 2021 vide which penalty order dated 08.09.2021 was imposed upon him. The relevant part of the order is quoted below: -

Counsel for the applicant has relied upon the circular dated 17.05.2023 issued by the Department of Posts governing the promotion of Government servant through Limited Departmental Competitive Examination against whom criminal/departmental proceedings are pending. Counsel for the applicant submitted that the currency of penalty order so imposed by the respondents is now over and from para-4 sub para (f), it is clear that the candidate figuring in the merit list of Limited Departmental Competitive Examination may be promoted immediately after the penalty operative period is over. Counsel for the applicant submitted that after the currency of punishment is over, the applicant ought to be promoted by the department, however, till date he has not been promoted. In this regard, the applicant has submitted a representation dated 19.09.2025, followed by reminders dated 17.10.2025, 30.03.2026 and 23.04.2026, which are still pending for consideration.

Counsel for the respondents has relied upon annexure A-2 of the O.A. i.e. letter dated 14.06.2023 where in para-4, it is stated that the marks of provisional candidates have been darkened in the enclosed lists and will be communicated only after clearance of their provisional candidature and marks of those candidates cannot be communicated until and unless their provisional candidature is regularized by their respective Regions/Divisions. Counsel for the respondents further submitted that in the instant case, the case of applicant is to be seen with respect to punishment so imposed upon him.

However, considering the submission of counsel for the parties and facts of the case, we are in opinion to dispose of this O.A. with direction upon the respondent No. 4/competent authority amongst the respondents to take an action on the pending representation dated 19.09.2025 followed by reminders in the light of circular dated 17.05.2023 issued by the Department of Posts and consider the promotion of applicant to the post of MTS by passing a reasoned and speaking order, in accordance with law, within a period of three months from the date of receipt of a certified copy of this Order. The decision so taken shall be intimated to the applicant forthwith. With the above directions, O.A. stands disposed of. No order as to cost. All the pending MAs shall be deemed to have been disposed of.