Sharma Roshan Lal vs Union Of India And Others

M.A. No. 2500 of 2019:

Mr. Dalai, learned counsel for the applicant stats that although there appears to be no delay, but by way of abundant caution, instant application has

been filed seeking condonation of delay to which learned counsel for the respondents has not raised any objection. In view of this, delay, if any, is

condoned.

Instant MA stands disposed of accordingly.

O.A. No. 1547 of 2019:

Vide impugned order, the applicant, who is presently Havildar, is to be discharged on 30.09.2019 (A/1\1). With regard to his ACRs for the period from

01.10.2012 to 30.09.2015, he initiated a non-statutory complaint dated 13.08.2015 making a prayer therein for setting aside those ACRs. The said non-

statutory complaint has now been redressed to by the respondents vide communication dated 14.09.2019, which reads asunder:

NON STATUTORY COMPLAINT SUBMITTED BY NO 6935034N HAV SHGD SHARMA ROSHA.NLAL UDAY SINGH OF COD

DELHI CANTT (.) REF AOC RECORDS LETTER NO. 6935034N/RUS/NSC/T-4/CA-8 OF AUG 28(28)(.)AS PER DIRECTION OF

OFFG GOC- IN-C COMMA WESTERN COMMAND REDRESS BE GRANTED TO NO 6935034N HAV S.HGD SHARMA ROSHANLAL

UDAY SINGH OF COD DELHI BY WAY OF SETTING ASIDE HIS ENTIRE ACR FOR THE PERIOD WEF 01 OCT 2014 TO 30 SEP

2015 ON GROUND OF INCONSISTENCY AND SAID ABERRATION BE REMOVED FROM THE CONFIDENTIAL REPORT

DOSSIER OF THE INDL (.) INK SIGNED COPY OF THE DIRECTIONS GIVEN BY OFFG GOC-IN-C COMMA WESTERN

COMMAND ALONG WITH COMPLETE DOCUS IN POST(.) FOR INFO AND NECESSARY ACTION.

2 Mr. Dalai, learned counsel for the applicant states that in view of the aforesaid communication dated 14.09.2019, the applicant should have been

considered by the DPC for his promotion and if he cannot make out, he will retire as Havildar and after removal of certain inconsistencies found in

ACR w.e.f. 01.10.2014 to 30.09.2015, if he is considered, it is quite possible that he may make it as Naib Subedar and in that eventuality, he will be

getting another two years to his service3

Learned counsel further submitted that had the respondents decided the non-statutory complaint of the applicant within a reasonable period and then

DPC also held, it is quite possible that the applicant would have got his promotion as Naib Subedar and, therefore, the delay is entirely at the end of

respondents for which the sufferer is the applicant.

On the strength of the aforesaid submissions, learned counsel submits that the impugned order whereby the applicant is to be discharged from

service on 30.09.2019 (AIN) may be put on hold.

Instead of giving any interim relief to the applicant at this stage at least, we direct the respondents to hold DPC with regard to the applicant within

this week only and report instructions on 30.09.2019 for further consideration of the instant matter on which date prayer for interim relief shall also be

considered.

To come up on 30' September, 2019.

To be indicated in the first five cases of the 'Admission Column' of the next date fixed.

As requested, copy of this order be given TocEsti' to learned counsel for both sides under the signatures of Tribunal Officer during the course of the

day.