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Judgment
O R D E R
Mr. Mohd. Jamshed, Member(A)
The applicant had filed O.A. No. 2799/2019 challenging the Order dated 18.06.2019 for his compulsory under FR 56(j). Subsequently, he also filed the present O.A. No. 3209/2019 seeking promotion to the grade of Chief Commissioner and Principal Chief Commissioner.
In the present O.A., the applicant contends that vide Office Order No.153/2018 dated 22.10.2018, he was empanelled for promotion to the grade of Principal Commissioner of Customs and Central Excise for the panel year 2014-15 on notional basis w.e.f. 11.04.2015, subject to the outcome of WP(C) No. 1399/2017 pending before the Hon’ble Guwahati High Court. Subsequent to his promotion, the process for his further promotion to the post of Chief Commissioner (HAG Plus grade) was initiated and after obtaining required clearances, the proposal was submitted to the UPSC for conducting the required DPC. It is further submitted that the DPC could not take place and the proposal was recalled for required approvals. It is submitted that no further action was taken by the respondents to conduct the DPC for his promotion. The applicant alleges that this was done with mala fide intent on part of the respondents and, in the meanwhile, vide Order dated 18.06.2019, he was compulsorily retired under FR 56(j). Aggrieved by that order, he had filed O.A. No. 2799/2019. The present O.A. No.3209/2019 has been filed subsequently through which the applicant is seeking the following relief(s):
“(a)To call for the records and allow the O.A. by declaring the action of the respondents illegal, whereby, the applicant despite being qualified and free from any impediment the proposal for promotion of the applicant in the grades of Chief Commissioner and Principal Chief Commissioner have been illegally withheld without any reasons or justification on personal bias of Respondent No.4; and
(b)Direct the respondents to hold a review DPC (in UPSC) and to consider and promote the applicant as Chief Commissioner w.e.f. 6.7.2017 and Principal Chief Commissioner (Apex Scale) w.e.f. 29.11.2018 from the date of promotion of junior namely Sh. Rajiv Tandon with all consequential benefits including arrears of pay and allowances and revision of retiral benefits including pension with arrears.”
Both the above mentioned O.As. were listed and heard together. We heard the applicant in person and Mr. Ravi Prakash assisted by Mr. Varun Agarwal, learned counsel appearing for the respondents, perused the records, relied upon judgments and written submissions.
All the contentions of the applicant and the respondents have been taken note of. The applicant has relied upon O.M. dated 15.11.2018 in support of his claim for seeking promotion as Chief Commissioner and Principal Chief Commissioner after his compulsory retirement with retrospective effect. We are of the view that the O.M. dated 15.11.2018 is not relevant to the case of the applicant. Further various allegations levelled by the applicant for bias and alleged mala fide have already been covered in the detailed order passed in O.A. No. 2799/2019.
This Tribunal has passed a detailed order in O.A. No. 2799/2019 on 16.01.2023 and dismissed the same being devoid of merit. In view of the dismissal of the O.A. No. 2799/2019 by which the applicant had challenged his compulsory retirement under FR 56(j), the present O.A. No. 3209/2019 seeking retrospective promotion has become infructuous and the same is accordingly dismissed.
There shall be no order as to costs.