K.I. Akbar vs Union Of India & Others

P.Madhavan, Member J

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. â€​

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. â€​

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.aa