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Judgment
P.Madhavan, Judicial Member
This Original Application has been filed by the applicant seeking the following reliefs:
“(i)To call for the record relating to Annexure A1 and quash it being illegal and arbitrary.
(ii)To direct the 3rd respondent to forward integrity and work conduct certificates with respect to the applicant to the 2nd respondent and direct the respondents 1,2 and 6 to take all further actions effecting promotion due to the applicant with all consequential benefits.
(iii)To issue such other appropriate orders or directions this Hon'ble Court may deem fit, just and proper in the circumstances of the case.
(iv)Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and
(v)Grant the cost of this Original Application. ”
The applicant is aggrieved by the attempt of the respondents to deny him consideration for promotion to the post of Agricultural Officer on the ground that preliminary investigation by a Subordinate Officer had found that the applicant had violated the procedure of entitlement of labourers for coconut climbing. Applicant submits that he is the seniormost official to be promoted to the next higher cadre and there is no pending punishment against him. Hence the applicant has approached this Tribunal praying for the reliefs as stated above.
When the matter came up for hearing, counsel for the respondents has filed a counsel statement today as bench mark with the following observations:-
“ As per the DPC proceedings held on 30.01.2020, it is recommended that the promotion of the applicant K.I.Akber will be considered according to the outcome of disciplinary proceedings pending against him. Till that time, existing vacancy will be kept for promotion of the applicant. ”
It appears that the case of the applicant was considered in the DPC and it was only because of the pendency of the DPC, no order was passed.
Counsel for the applicant submits that since the applicant is going to retire on 28.2.2022, a direction may be issued to complete the disciplinary proceedings as early as possible.
In view of the above submission, the respondents are hereby directed to complete the disciplinary proceedings within a period of 3 months from the date of receipt of a copy of this order and if he is eligible, his promotion may be considered.
Without going into further merits of the matter, the Original Application is disposed of as above. No order as to costs.
List of Annexures
Annexure A1- A true copy of the order no.F.No.1/1/2019-DP(Agri)(Part-I) / 972 dated 22.1.2019 issued by the Chief Executive Officer, Department of Agriculture along with its transcribed copy
Annexure A2- A true copy of the proceedings No.F.No.1/4/2017-Agri/1304 dated 12.07.2019 issued by the 2 respondent
Annexure A3- A true copy of the message F.No.1/3/2014-Agri (KVK) dated 3.8.2015/293 through emal of the 2 respondent
Annexure A4- A true copy of the said request dated 12.3.2015 by the applicant to the Secretary, Agriculture, UT of Lakshadweep
Annexure A5- A true copy of the said letter F.No.2-325/ZPD/2012-13/9933-34 dated 1.9.2015 issued on behalf of the ICAR
Annexure A6- A true copy of the said representation dated 29.10.2015 submitted by the applicant to the 1 respondent
Annexure A7- A true copy of the order F.No.11/1/2015-AGRI(KVK)/104 dated 4.3.2016 issued by the 2 respondent
Annexure A8- A true copy of the representation dated 11.3.2016 submitted by the applicant to the 1 respondent
Annexure A9- A true copy of the order dated 5.1.2017, passed by this Hon'ble Tribunal in O.A 270/2016
Annexure A10- A true copy of the last pay certificates dated 8.10.2018 issued by the Competent Authority along with its transcribed copy
Annexure A11- A true copy of the Letter F.No.40/1/2011 KVK dated 29.7.2016 issued by the applicant to the Secretary, Agriculture, Kavaratti
Annexure A12- A true copy of the representation dated 23.1.2019 submitted by the applicant to the President, District Panchayat, Kavaratti.
Annexure A13- A true copy of the File Noting in File No.12/2/2016.ICAR/KVK
Annexure R1(a)- True copy of the OM F.No.2/08/2016 Agri dated 8.7.2016 issued by the Secretary (Agriculture)
Annexure R1(b) True copy of the OM F.No.2/08/2016 Agri dated 16.9.2016 issued by the Secretary Agriculture
Annexure R1(c) True copy of the show cause notice F.No.11/05/2016-Agri(KVK) dated 23.9.2016 issued by the Secretary Agriculture.
Annexure A14- A true copy of the order of this Hon'ble Tribunal dated 19.12.2019
Annexure A15- A true copy of the Order F.No.1/4/2017-Agri dated 14.02.2020 issued by the 2 espondent along with its transcribed copy
Annexure A16- A true copy of the Letter F.No.1/09/2019-Sec(FY) dated 17.2.2020 issued by the 6 respondent to the 2 respondent
Annexure A17- A true copy of the Letter F.No.1/1/2018-VDP(A)/ 90 dated 17.2.2020 issued by the Chairperson of the Village (Dweep) Panchayat, Amini Island, to the 1 respondent.